Defence alleges accused Barnwell was beaten to make confession
DEFENCE Counsel Norma Lewis, in the ‘Bunty’ murder trial now being heard before Justice Franklyn Holder and a mixed jury, is alleging that the accused, Sherwin Barnwell, called ‘Reeya’ or ‘Rio’, was beaten by the police to confess to the crime. But prosecution witness Police Corporal Hamlet Da Silva, who allegedly witnessed the making of the confession statement, said to be dictated by the accused to Supt. Chalmers, denied the allegation about the use of violence.
The witness, Corporal Da Silva, had arrested the accused at Friendship, EBD and had taken him to Timehri and later to the Brickdam Police Station, where it is said he voluntarily made a confession statement to Supt. Chalmers.
But, under cross-examination, defence counsel suggested to the witness that he had knowledge that the accused could neither read nor write; and that it was he, the witness, who had placed a bag over the head of the accused and had guided his hand to formulate the signature on the alleged caution (confession) statement.
In answer to that allegation, the witness said that while he did not hear anyone ask the accused whether he could read or write, he had concluded that the accused could read because of the manner in which he was looking at the document that was given him to read.
Asked how long the accused had kept looking at the statement before signing same, witness said for about five minutes.
The 23-year-old Barnwell has pleaded not guilty to the murder of 42 year old Nohar Bahadur, called ‘Bunty’, between the 24th and 25th days of December, 2006.
On the other hand, the accused, in his alleged confession statement, which he has denied making, said that the deceased had attacked him that night, and following that attack, he retaliated.
The prosecutor, Miss Dianne Kaulesar, in her opening address to the jury, told them: “Before you can find the accused person guilty of murder, the prosecution must prove its case to you beyond a reasonable doubt. That is, after hearing all the evidence presented to you, and assessing it in the manner I just outlined, you will have to feel sure that the accused person murdered Nohar Bahadur, called ‘Bunty’.”

She told the jurors that the five elements of murder that the prosecution will have to prove in this case are the following:-
1.   That the accused Sherwin Barnwell inflicted injuries on Nohar Bahadur.
2.   That, as a result of those injuries, Nohar Bahadur died;
3.   That Nohar Bahadur died within a year and a day of receiving the injuries;
4.   That when the accused inflicted the injuries, he intended to kill Nohar Bahadur, or to cause him serious injuries; and
5.  That when the accused inflicted the injuries, he was not acting in self-defence, nor was the injury caused purely as a result of an accident.

Telling about the facts of the case, the prosecutor disclosed that Nohar Bahadur, in December 2006, was living at Friendship, East Bank, Demerara.
On Christmas Eve Day of 2006, he went to his relative’s house in Friendship to spend some time.
At about 9 p.m. he left that relative’s house alive and well. And as Christmas Eve was turning into Christmas Day, Bahadur was found lying on a road in the Friendship area with injuries to his body.
He was taken to the Georgetown Hospital on Christmas Day, where he was pronounced dead
The police conducted their investigations, and they arrested the accused on the 30th of December, 2006.
Further investigations were carried out, and the accused was later charged for the offence of murder.
His trial is continuing. Miss Zamiilla Ally and Miss Dianne Kaulesar are conducting the prosecution.