Sexagenarian manslaughter trial…

Alleged death weapon admitted over defence objection
By Jeune Bailey Vankeric
JUSTICE James Bovell-Drakes, on Tuesday, overruled an objection by defence counsel Ravindranauth Singh and admitted a piece of wood as evidence in the manslaughter trial at the Berbice Assizes.
The lawyer had objected to the prosecution tendering the object as an exhibit, on the ground that Police Detective Corporal, Duke Jacque had testified it was an inch thick, while, in reality, it displayed less than a half inch thickness.
Counsel argued that the thickness would have been a major consideration in the identity.
But State Prosecutor Rhondel Weaver submitted that the witness had also referred to the length, width and identification marks, inclusive of those by the accused, which are sufficient evidence for the tendering.
Earlier, the detective recalled visiting Bennett Dam, Rosignol, West Bank Berbice, on April 27, 2008, where he saw Yodha, now deceased, lying prostrate, with wounds to his elbows, left middle finger and lower part of his left foot.
The witness said he, thereafter, observed what appeared to be blood on the ground, under the two-storey wooden building, where the victim lived with his wife, Thakumanie.

WASHING BLOOD
The woman, who is indicted for the unlawful killing of her husband, when contacted and questioned, told the plainclothes cop that, about 10:00hrs, Yodha had left their home. But an hour later, when he returned, she was on the upper flat, from where she saw him washing blood from his hand.
She questioned him and he told her unknown persons beat him.
The witness remembered going the direction in which the accused claimed Yodha had earlier traversed but discovered nothing of evidential value.
The body of Yodha was, subsequently, escorted to the Fort Wellington Public Hospital where a doctor pronounced him dead, prior to the corpse being taken to New Amsterdam Hospital where a post mortem examination, by dissection, was performed by Government Pathologist Vivikanand Brijmohan.
As a result of the autopsy report, Jacque said, on April 29, 2008, he invited Thakumanie to Blairmont Police Station, where he put, to her, prior to executing the caution, the allegation that she caused the death of her husband.
The witness said, the following day, accompanied by woman Sergeant Grace Bristol and the accused, they returned to the scene of the alleged crime, where Thakumanie pointed to a piece of wood, about two feet in length, two inches in width and an inch thick.
Jacque, after taking possession of it, the accused said:”Officer, this is the wood I used to beat the man.”
He said she was taken back to Blairmont Police Station where she put her initial ‘T’ on the object and he affixed his initials ‘DJ’, before lodging it with the officer-in-charge. It was, later, tendered during the preliminary inquiry (PI) at Fort Wellington Magistrate’s Court.
Under cross-examination by Defence Counsel, the witness said, while he was the lead investigator, the accused did not tell him that she was involved in a fight with her husband but that she had used the wood to beat him.
Another witness Charrandan Maiku, brother of the deceased, told the judge and mixed jury, that he was preparing to attend a wedding reception, when he received a call from the accused, who told him: “Come and see what happen to your brother.”
Maiku said he went to his brother’s home where he saw him lying on the ground in front of the kitchen door, with his wife next to him. Other persons were there, he recounted.
Having observed that his brother’s hands were swollen and bloodstained, Maiku said he enquired, from his sibling, what had happened but did not get a reply.
The witness said, having asked his brother whether he wanted to go to the doctor but receiving a negative response, he opted to spread a sheet on the floor after being told that the older sibling just wanted to relax and he will be okay.

MEDICAL ATTENTION
Maiku said, after that, he left his telephone number with the accused and asked her to call him should anything serious develop or if his sibling wanted to go and seek medical attention.
The witness said, at 17:00hrs, he received a call from the accused and, on arriving at her home, saw several persons in the yard.
His brother was lying on the ground but was in a different position to what he had initially seen him.
The man said he asked what happened and she replied: “…like he dead.”
Maiku remembered that his brother had been highly intoxicated the previous day at the market.
Kundal Persaud, who was dressed in a community policing group jersey but said he is a businessman, had to be upbraided several times for failing to address the court in the correct manner.
He responded to questions ‘Yes’, ‘No’ instead of the accepted ’Yes Sir’, ‘No Madam’.
However, he recounted that, about 06:30hrs, Yodha, whom he knew as Yodha Ramsook, came into his yard and asked for a shot of rum and, after getting it, left his premises.
Another witness, Krishndat Maiku, son of both the deceased and the accused, said he identified the remains of his father to Government Pathologist Brijmohan.
The body, which was, subsequently, handed over to him, was interred on April 29, 2008 at the Murphy Dam Cemetery, Rosignol Village , West Bank Berbice.
Another prosecution witness, Police Inspector Grace Bristol was made available to the defence for cross-examination. But Singh declined to ask the subordinate officer any questions.
The trial is expected to continue today, when Brijmohan is likely to be the final State witness to testify.

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