Cross-examination drives witness to tears
ANOTHER witness was called to testify yesterday at the preliminary inquiry (PI) in the Neesa Gopaul murder case being conducted by Acting Chief Magistrate Priya Sewnarine-Beharry. Simone De Nobrega, who was once charged with a series of frauds, was put on the stand, by Special Prosecutor Prithima Kissoon, to give evidence against the victim’s mother, Bibi Gopaul and her lover, Jarvis Small.
Defence Counsel Vic Puran, for Gopaul, cross-examined De Nobrega and drove her to tears when he suggested she was lying to the court.
The lawyer asked De Nobrega if she would like to take a break but she declined the offer, but said Puran was confusing her.
However, the witness continued her testimony and was asked to return later in the day for cross-examination by Senior Counsel Bernard De Santos.
The latter did not cross-examine the witness but requested that the magistrate rule, on any other occasion, whether her evidence is admissible against Small.
De Santos claimed Small’s constitutional right is being breached when the case is being called on a daily basis and he cannot be present on every occasion.
The magistrate told the lawyer that she would always ask the accused if they would like to question the witnesses in the absence of their attorneys and pointed out that a witness can also be recalled if the lawyers wish to put any questions.
The PI will continue on March 15.
On the previous occasion, Small made an application for bail after he objected to evidence against him being taken in the absence of his lawyer.
The magistrate, however, explained to Small that his request, for pre-trial freedom, was not one that the court can grant since he is charged with the capital offence but he could approach the High Court.
Sixteen-year-old Neesa Gopaul’s body was found in the vicinity of Emerald Tower Resort, along the Soesdyke/Linden Highway on October 2, 2010. Her disfigured corpse was stuffed in a large suitcase and dumped in the Madewini Creek.