In absence of jury
LEADING Defence Counsel in the “Bunty” murder case, Attorney-at-Law George Thomas, yesterday, began making  no-case submissions in the absence of the jury. Following the closure of the State’s case last week, the lawyer, who entered the case midway  in the  proceedings as assistant to lawyer Miss Norma Lewis, indicated that he would be making certain applications in the absence of the jury.
His contention was, at that stage of the  proceedings, that he did not consider the prosecution  had made out a sufficient case against the accused Sherwin Barnwell, called Reeya, for  him to be called on for a defence.
Since this is a matter of law which must be determined by the judge, the jury were sent out of sight and hearing, while the judge, who will hear arguments from both the lawyers of the defence and the prosecution, will in the final analysis decide  whether the prosecution has made out a fitting case to be sent to the jury.
During the substantive trial before Justice Franklyn Holder and a  mixed jury, prosecution star witness Adrian James disclosed, among other things, “All I saw the accused Sherwin Barnwell, called Reeya, or Rio, did to Nohar Bahadur was ‘slapping’ and ‘stamping’ him.
However, the prosecution, led by Senior State Counsel Zamilla Ally, in association with Miss  Dianne Kaulesar, is hoping to prove  by circumstantial evidence that it was the accused who caused the death of 42-year old Nohar Bahadur, called  ‘Bunty’, between  the 24th and  25th December, 2006.
The doctor who performed the post mortem testified that  ‘Bunty’  died  from the effects of a stab-wound.
But when the star witness for the  prosecution, Adrian James, was called to  testify, he said that he and  others  were  playing  pool that night  after leaving a gas station  at Friendship, East Bank, Demerara,  when he saw someone in  front of him slap  another person.
According to him, he was being towed on a bicycle and they quickened their pace. When he reached nearer he realized that the accused Barnwell was the person who was ‘slapping and stamping’ away at Bunty who was  then lying on the side of the road.
Witness recalled telling the accused that Bunty was a good man who would not interfere with anyone.
In his evidence in chief, conducted by Miss  Kaulesar, witness said that the slapping and stamping took  place in his view  and nothing was blocking  that view.
He said that the incident took place not far from the Didco Guard Hut which was properly lit. According to witness, while this was going on, Bunty was lying on his back on the side of the road and was moving about. He was not motionless.
In answer to cross-examination, witness told leading defence Counsel Mr. George Thomas that when he first saw the attack by the accused on the deceased he was about a distance of 18 feet away.
The hearing is continuing.