Juror suffering hearing impediment causes jury discharge
JUSTICE Franklyn Holder, on Tuesday, discharged the Berbice Assizes jury in the murder trial of Ganshan Jagassar called Suresh and Devindra Harrichand alias ‘Bara’, after ascertaining that a member is suffering a hearing impediment.
The judge acted after the juror, during the testimony of Police Sergeant Godfrey Plater, indicated, to his peers, that his legs were cramped and he needed to have them outstretched.
The request was referred to the court and the judge attempted to address the juror but found that the latter had to be touched by other members of the panel to whom he signalled that he was not hearing well.
In discharging the jurors, Justice Holder quoted from the Criminal Law Procedure Act which provides that the court can, in its discretion, in case of an emergency or casualty rendering it, in its opinion, expedient for the ends of justice to do so, discharge the jury without their rendering a verdict and direct that a new jury be empanelled during the same sitting.
The judge said, if one or more of the jurors, before they begin deliberations, becomes or become, in the opinion of the court, incapable of continuing to perform his or her duties, the court may take such action.
Jagassar and Harrichand are indicted for the unlawful killing of Gary Simon on December 17, 2004, at Nigg Settlement, Corentyne.
The prisoners are being represented by attorneys-at-law Mrs. Kim Kyte-John and Mr. Vic Puran in the trial that is expected to resume on March 9.