ALLEGED rapist Vijay Seenarine was freed from a carnal knowledge indictment on Thursday after witnesses failed to attend court hearing despite police sending radio messages and making visits to their respective communities.
He had been incarcerated since 2007.
Justice James Bovell Drakes, addressing the prisoner in the dock, said: “Due to the lack of evidence, you have been found not guilty. My function is to discharge you from the case. However, a bird told me that you are in custody, so you do not leave here a free man, you have another engagement.”
Earlier, directing his statements to the 12-member jury panel that was directed to return a not guilty verdict, the judge had noted that from evidence led from the witness box, the state had attempted to make contact with the virtual complainant and another witness, but despite repeated attempts, they failed to attend court.
In his evidence, Police Constable 19083 Troy Munroe, who had to be upbraided to be fully attired prior to saluting the judge, said that on August 28 last, following a message sent from the Supreme Criminal Court in New Amsterdam to warn witnesses Devika Lall and Devina Labarran, he had gone to Race Course, Springlands; and Rampoor, Corriverton, in search of the individuals, but had been unsuccessful in finding them. The following day, he had returned to the said communities but, again, had been unable to locate the witnesses.
Another witness, Police Lance Corporal Dawn Chesney, who is attached to the Berbice High Court, said she sent messages in favour of the witnesses via telephone to the Criminal Investigation Department Headquarters at Eve Leary, Georgetown to have it aired on the airwaves of the National Communications Network on September 5 and 6, 2012.
She said that although the messages were aired and telephone calls had been made to the numbers of the witnesses, she did not see them, or hear them respond when the Court Marshall called their names thrice on Thursday morning.
Following closure of the Prosecution’s case by State Counsel Rhondel Weaver, Defence Counsel Charrandas Persaud noted that the prosecution has failed to discharge its burden of proof against the accused, and as such he requested that the charge be dismissed.
Between November 3 and 4, 2007, Vijay Seenarine is alleged to have had carnal knowledge of a fourteen-year-old girl.
Meanwhile, on November 14, 2011, State Counsel Rhondel Weaver, in an update before then presiding Justice Roxanne George, had stated that the Chambers of the Director of Public Prosecution had remained undecided on whether or not to prepare an indictment in favour of Vijay Seenarine, who on that date two years ago had been committed to stand trial at the Berbice Assizes for carnal knowledge.
State Counsel Rhondel Weaver, during a special sitting before Justice George, had said the issue surrounded the statement of the virtual complainant.
Alluding to the fact that the DPP’s Chambers had been unable to make recent contact with the alleged victim, Weaver nevertheless informed the judge that if consideration for bail was made, the prisoner was not at liberty to leave the New Amsterdam Prison, as he has an escape from lawful custody charge pending in the New Amsterdam Magistrates Court.
ON June 11, 2011, Seenarine, along with convicted high seas pirate Kevin ‘Long Hair’ Narine, also known as Ram Sookdial and Ayodhiaram; Rickford La Fleur, alias Rickford Williams, who was remanded to prison on two separate charges of murder; along with murder accused Vinood Gopaul escaped from the New Amsterdam penitentiary.
However, with the exception of Narine, the rest are still at large.
Meanwhile, on March 26 last, Prison escapee Seenarine of Springlands, Corentyne was sentenced to two years’ imprisonment by Magistrate Adela Nagamootoo after he had pleaded guilty to the charge, which originated from him, escaping from the New Amsterdam Prison on June 11, 2011.
Seenarine had initially denied the charge, which revealed that he had escaped through the northern wall of the male dormitory unto a canvas rope which was tied to a beam, before fleeing.
On June 28, 2011, Seenarine was seen walking along the JC Chandisingh School Street in Rose Hall Town, Corentyne where he was arrested by police ranks, who subsequently instituted charges against him.