SHAKIR Mohamed of Lot 127 Latchuni Street, Better Hope, East Coast Demerara  on Friday was committed to stand trial in the High Court after Magistrate Hazel Octive-Hamilton ruled that a prima facie case had been made out against him for the alleged murder of Shewraney Doobay, wife of prominent physician, Dr. Ramsundar Doobay. Mohamed was jointly charged with Mark Singh of Prince William Street, Plaisance, East Coast Demerara; but Singh, nephew of the 58-year-old victim, died in prison from what doctors said was a severe case of asthma.
During the ruling, the magistrate noted that the caution statement was not the only piece of evidence available to the court, despite it being the most important evidence. She said there were also other bits and pieces of evidence given by other witnesses that connect the accused to the crime.
The magistrate noted that evidence given by one witness placed the accused on the scene where the murder weapon was recovered.
Defence Counsel Mr. Vic Puran, who represented the accused, requested that the magistrate record his submissions. He claimed that the caution statement does not form part of the record, and that a case of accessory to murder, and not murder, had been made out against his client.
The magistrate informed the lawyer that the caution statement was on record because it was an exhibit of the court. She said the caution statement was admitted under foundational evidence.
The magistrate added that other evidence taken also strengthened the case, and were the caution statement to be taken away, there is still enough evidence to commit the accused to stand trial for murder.
Puran said he wished to make it clear that the caution statement remains outside of the body of evidence, having crossed the threshold of admissibility upon the ruling of voluntariness.
The lawyer argued that even though the caution statement is among the court papers, it cannot enter into the deposition, and so cannot form part of the record going to the High Court. He added that the state must examine the legal position.
In response, Deputy Superintendent of Police (DSP) Mr. Fazil Karimbaksh, noted that the court has admitted the caution statement based on enough foundational evidence which was led by the witnesses, coupled with several precedents persuading the court.
Puran will now have to take his argument to the High Court when the criminal assizes are opened.
The court enquired from the accused if he would like to say anything and if he would like to call any witness on his behalf.
Mohamed informed the court that he is innocent of the charge and that he will reserve his witnesses for the High Court.
The police alleged that on May 24 2011, at Echilibar Villas, Campbellville, the doctor’s wife was murdered. She was found lying in a pool of blood in the kitchen of the couple’s two-storey home. She had been repeatedly struck in the head with a blunt instrument, which caused her demise.