–ballistics report tendered
THE shotgun believed to be the weapon used to shoot Vishnu Santie in the Stewartville murder case was shown to the jury at the Demerara Assizes on Thursday.
But Attorney-at-Law, Hukumchand, defence counsel for the number one accused Peter Ray Kassim, called ‘Donkey’, was constrained from cross-examining the witness, Cpl. Hazrat Mohamed, on the ballistics report relating to the gun.
Sustaining an objection from leading prosecutor Judith Gildharie-Mursalin, Justice Franklyn Holder, presiding, held that because of certain circumstances, counsel could not properly cross-examine the witness on the ballistics report. He ruled that the expert, Sergeant Ian Jackson, would be the person to be cross-examined on the issue.
Attorney-at-Law, George Thomas is appearing for the number two accused, Satnanand Sahadeo, called ‘Boyso’.
Both accused have pleaded not guilty to the charge.
Mrs. Gildharie-Mursalin, in association with Miss Renita Singh, is prosecuting.
Corporal Hazrat Mohamed testified on Thursday that on October 10, 2005, at 1.07 am, he was on duty at Leonora Police Station when Sgt. Murray brought mini-bus # BHH 1548, driven by the No. 1 accused, Peter Ray Kassim, into the station compound. He said there were four other men in the bus besides Kassim – namely the No. 2 accused, Satnanand Sahadeo; Dawd Boucher, Eric Williams and Lloyd Johnson.
Mohamed said he put an allegation to Kassim and cautioned him.
Kassim replied that he had picked up the men at Parika, and when the police stopped them, Lloyd Johnson threw away the gun at Stewartville Old Road.
Witness said that Kassim volunteered to take them to the spot where the gun had been thrown out.  Witness took Mohamed and other officers to Stewartville Old Road, where he told the police to stop the car at an area.
He said Kassim picked up a piece of yellow cloth which had wrapped something. Kassim opened the cloth and Mohamed saw the gun and took possession of it.
He (Mohamed) marked his initials on the gun, and also on the two rounds of ammunition which were in the barrel.
Witness said that he took the exhibits to the Ballistics Section of the GPF at Eve Leary for examination.
The weapon and ammunition were admitted into evidence by Justice Holder, who granted the State’s application to do so.
Under Cross-examination, Attorney Hukumchand sought to question the witness about the contents of the ballistics report. However, Mrs. Mursalin objected on the basis that the ballistics report does not form part of the evidence. She submitted that there was no specific legislation governing the admissibility of a report from a firearms & ammunition expert, and that the report had been erroneously admitted before the trial magistrate.
Mrs. Mursalin also submitted that such a report does not fall within the purview of Section 43 of the Evidence Act, Chapter 5:03.
She also told the court that the expert, Sgt. Jackson, has to testify in relation to his findings.
Justice Holder sustained the objection and told Mr. Hukumchand that he is constrained from asking questions in relation to the ballistics report.
Further hearing into the matter continues tomorrow.