One Defence Counsel challenges pathologist’s competence
THE preliminary inquiry (PI) into the joint murder charge against the couple accused of unlawfully killing Neesa Gopaul, her mother, Bibi Shareema Gopaul and stepfather, Jarvis Small, resumed yesterday before Acting Chief Magistrate Priya Sewnarine-Beharry.
On the resumption, Special Prosecutor Prithima Kissoon called Police Lance Corporal Germaine Laundry to continue his evidence.
The prosecutor also made an application to have a suitcase, bed sheet and a black gown tendered but senior counsel Bernard De Santos, for Small, requested that the witness identify the items by his markings on them and Laundry did so in the well of the courtroom.
The policeman will be cross-examined, on April 27, by De Santos and other defence counsel Vic Puran, for Gopaul.
At the last hearing, when dumbbells and the post mortem report were tendered, Puran was not present and he, yesterday, objected to the tendering of the autopsy findings.
He submitted that Dr. Nehaul Singh, who performed the operation, is not competent to determine the cause of natural deaths.
Puran argued that the pathologist moved from a probability to a positive finding and, because of that, he must present himself to be cross-examined.
But Kissoon responded that she does not intend to call Singh as a witness in the case.
She said the duty of the prosecution is to establish, prima facie, the cause of death of the victim and the post mortem report clearly shows that it was from unnatural causes.
Kissoon contended that there is sufficient evidence in the documentation to prove that the Queen’s College (QC) student did not die of natural causes.
The magistrate is to rule on the arguments.
As the pre-trial hearing continued, Bharrat Samaroo was recalled for re-examination by the prosecutor.
Nizam Mohammed was also recalled but cross-examination was declined by De Santos and re-examination by Kissoon.
The prisoners, who were further remanded, are charged with unlawfully killing the victim between September 24 and October 2, 2010, at Madewini, along Soesdyke/Linden Highway.
The girl’s dead body was found stuffed in a suitcase in Madewini Creek near Emerald Tower Resort, battered almost beyond recognition.