AFTER approximately two years of hearing evidence and arguments from witnesses, the prosecution and senior counsels, acting Chief Magistrate Priya Sewnarine- Beharry yesterday ruled that a prima facie case has been made out against murder accused, Bibi Gopaul and Jarvis Small and committed both to stand trial at the Supreme Court in October. The courtroom was packed with anxious citizens, when the magistrate handed down her decision. However, the Magistrate upbraided two media houses for pre-empting her ruling. The two other media houses had reported that the magistrate had given her decision on Thursday, when in fact she had reserved her ruling for the next day.
Gopaul’s attorney, Senior Counsel Vic Puran, declared at the last hearing that he would allow his client to lead witnesses in the High Court trial.
However, Small’s lawyer, Senior Counsel Bernard Dos Santos, appeared yesterday in the Magistrate’s Court to obtain the decision for his client.
Acting Chief Magistrate, Priya Sewnarine-Beharry allowed each defendant the option of making a sworn/unsworn statement concerning the matter and each chose to make an unsworn statement.
Small declared to the court on Thursday: “Your Worship, I am innocent of this offence. I did not kill Neesa Gopaul, nor had anything to do with her murder.
Small also informed the court that he wished to say something with regard to this matter which the magistrate agreed to and he stated;
“Your Worship, the dumbbells which were found at the murder scene, I don’t know anything about them. I used to live at Gopaul and I did exercise there with weights, however, when I moved back with my wife and family I took nothing with me.”
He also said, “Your Worship, the statements made by the deceased, Neesa Gopaul, before her death were made at the time when her mother (Bibi Gopaul) and I had a court matter at the Vreed-en-Hoop Magistrates’ court West Coast Demerara and those statements were made out of pure animosity, there is no truth in me having any sexual relations with Neesa Gopaul.”
He also stated that “concerning whatever the police said I told them, I said I did not murder Neesa Gopaul and that is all I said to them.” He mentioned that “in the confrontation, I also told them the dumbbells do not belong to me, Your Worship, I still maintain my position- I did not murder Neesa Gopaul. Thank you and I have no witnesses at this stage to call to my defence.”
In the presence of his attorney yesterday a brief consultation between the two was done and as a result Small agreed to sign his unsworn statement.
Bibi Gopaul stated on the last occasion in the presence of her attorney Mr. Vic Puran, “I am innocent of this offence.”   She then proceeded to sign her unsworn statement.
When asked about calling witnesses for their defence on the last occasion, both Small and Gopaul declined to call witnesses.
Senior Counsel Bernard Dos Santos represented Small and Mr. Vic Puran who was absent yesterday represented Bibi Sharima Gopaul, prosecuting for the state was Ms Pretima Kissoon.
After announcing that the two accused are to be sent back to prison and that they have been  committed to stand trial in the high court for the murder of Neesa Lalita Gopaul, the magistrate thanked the attorneys and the prosecution for their participation in this matter.
Bibi Gopaul and her lover Jarvis Small are charged with unlawfully killing the former Queen’s College (QC) student between September 24 and October 2, 2010.
The teenager’s remains, barely recognisable, were found stuffed in a suitcase that was retrieved from Madewini Creek, along the Soesdyke/Linden Highway near Emerald Tower Resort.
The body was tied with a length of rope to which a gym weight was attached, suspected at the time of discovery to be used as a means of anchoring the body down. It is said that the girl had some months before her gruesome death complained about being abused by persons with whom she was familiar.
Neesa’s horrific death had sparked widespread outrage, both locally and internationally.