– following judge’s rejection of alleged confession statement
MURDER accused Shawn Richardson, called ‘Jungle Commando’, who was charged with the murder of taxi-driver Vivikanand Nandalall after he had confessed to the cops about the role he had played in the kidnapping, demanding of ransom and killing of Nandalall, was freed yesterday on the directions of the trial judge. Objecting to making the incriminating statement, the accused claimed that he was beaten all over his body and under his feet with a round piece of wood before he was ordered to sign at certain places on a document.
“I do not know what was written on the document, but I was ordered to sign, and I did so because of blows I received,” the accused said.
“After this statement, they charged me, leaving me in so much pain that I had to be helped away by two police officers. On my arrival at the Georgetown Prison, still limping, I told the prison authorities that I was beaten by the police and was subjected to a thorough medical examination.
“The nurse who examined me found, among other things, a bleeding wound under one of my feet which could have been inflicted with a nail or an icepick,” the accused stated.
The accused at the voir dire (a trial within a trial), had given sworn testimony on oath.
His evidence was supported by the nurse who testified about the injuries she found including the bleeding wound underneath the foot that she recorded during the examination.
At the ruling yesterday, presiding judge Miss Dawn Gregory said she was left in reasonable doubt, in relation to the claim by the accused of being beaten by the police in order to make a statement which they wanted.
Therefore, she had no alternative than to give the accused the benefit of the doubt.
The statement, which was the subject of a voir dire to determine its admissibility, was found inadmissible and was rejected.
Following the ruling that the confession statement was rejected, leading prosecutor Mrs. Judith Gildharie-Mursalin, in association with lawyer Miss Konyo Sandiford, noted that there was no other evidence against the accused.
And as such she closed her case at that stage.
That being the case, defence counsel Mrs. Clarissa Riehl, submitted that there was no case for the accused to answer, a submission which the judge agreed with and directed the mixed jury to return a verdict of ‘not guilty’ of murder in favour of the accused.