Father/son murder trial…
THE Director of Public Prosecutions created a piece of history Friday when it moved to invoke the recently-prescribed Appeal’s Act after the jury freed Suresh Mohabir, called ‘Dickie’, of murder and manslaughter charges at the Demerara Assizes. Leading Prosecutor, Mrs. Judith Gildharie-Mursalin, hurriedly, in keeping with the Act, presented the Notice of Intention to Appeal the Acquittal to Justice Winston Patterson, even before the accused was discharged.
The judge later told the accused that the jury, by a unanimous verdict, had found him not guilty of murder, and by a majority verdict in the proportion of 10:2 had found him not guilty of manslaughter, and that he was free to leave.
Earlier in the trial, the Number Two Accused, Ramnarine Mohabir, called ‘Tiger’, who was jointly charged with his son, ‘Dickie’ for the murder of Saheed Mohamed, called ‘Zico’, was freed by the judge on a no-case submission. ‘Tiger’ is alleged to have restrained the deceased, ‘Zico’, while son, ‘Dickie’, the Number One Accused in the matter, hit the man on the head with a piece of wood.
Defence Counsel, Mr. Bernard De Santos, S.C., having satisfied the judge that there was no case for the Number Two Accused to answer, the judge directed the jury to return a formal ‘not guilty’ verdict.
‘Dickie’ had made an unsworn statement from the dock, in which he said that he was relying on a statement which he gave to the police. The accused said that Zico’s dog had bitten his father’s pig, and that it was his pelting the animal with a brick in retaliation which led to a fight between himself and Zico.
He said that Zico, who had left and returned with a knife concealed behind his back, was pelting stabs at him when he picked up a piece of wood and, in an attempt to disarm the deceased, accidently struck him on the head.
After his partner in crime was freed, the judge called upon ‘Dickie’ for a defence. ‘Dickie’ in turn consulted his lawyer for instructions before electing to make an unsworn statement from the dock.
In that statement (from the dock), he told the judge and jury that he would be relying on an earlier one he had given to the police. He then proceeded to say:
“On the day in question, I was told that some dog bit up my father’s pig. I went and see. I pelted the dogs them with a brick, and the brick hit one of them. Zico was drinking two houses away from there. He ran out and said why I am pelting his f***ing dog; I turned and asked him: “Is so you does mind dog?’ He then came closer to me and said if anything wrong with his dog, he going f*** me up.
“Me and he had a scramble, and I slapped him. He then went home and came back five minutes later with a wood-handle knife wrapped in a jersey. He then came close, and said that he come to finish this.
“After then, I saw a piece of wood in a corner, and I went and pick it up. He was still coming closer to me, and he start firing stabs at me. I tried to lash the knife out of his hand to disarm him, and the wood catch he accidentally. I grabbed his arm and took away the knife and the jersey, and I left.
“I know ‘Zico’ was a dangerous man; three months before this incident, he chopped off a man named ‘Stones’ finger. He was charged and had to pay compensation.
“On my way home, I saw my father. I told him what happened. He told me to go to the B.V. Station and make a report. I was afraid to go to the station because the police them does beat people.
“My mother carry the knife and the jersey to the BV Police Station. The police refuse to collect it. I contacted a lawyer, and he carry me to the B.V. Police Station. My Honour, the witnesses, Shanise Mohamed and Richard Hugh was never there when the story happen. That is all Sir.”
After spending close to five hours summing up the evidence on Friday, the judge handed over the case to the jury for their consideration and verdict.
DPP invokes Amendment Act as jury frees prime suspect
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