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JUSTICE Roxanne George presiding at the Vigilance ice-pick murder trial yesterday found murder accused Nolan Roberts called ‘Benjie’ not guilty of murder on a defence no-case submission. The accused who allegedly murdered Andrew Walters, called ‘Sookram’, in 2004 but disappeared and was not held until 2009 when the charge of murder was laid against him, had that charge dismissed yesterday when the judge upheld a no-case submission by attorney-at-law Joe Misir, defence counsel from Berbice.
Nobody saw the alleged killing but according to the police the accused after being told of the allegation made an oral confession of the crime.
Detective Sergeant Dennis Adams from Vigilance Police Station testified that the accused had told him, “Me and the guy had a problem and he fired a lash at me, and I ran away. He followed me and I saw him fall to the ground. I saw that an ice-pick which he had in his hand also fell. I picked up the ice-pick and I fired two jooks at him. I then ran and told my sister what had happened.”
On the resumption yesterday, Government Forensic Pathologist, Dr Nehaul Singh who was called to testify stated that he did not see any stab wound during the post-mortem, but he saw two surgical wounds that were made by the surgeon. The doctor said that he could not identify those wounds with a stab wound from an ice-pick.
The doctor made it quite clear that the person who should have been summoned to testify in the particular matter was the surgeon who would have looked at the chart and decided whether it was an ice-pick wound that led to peritonitis – inflammation of the abdomen.
Dr. Singh had given peritonitis as the cause of death but could not associate it with an ice-pick.
At the close of the prosecution’s case yesterday, attorney-at- law Misir elected to make a no-case submission in the absence of the jury. He submitted that the prosecution had failed to make out a case against the accused and asked that his client be freed at that stage without calling on him for a defence.
Counsel submitted that the doctor did not say that the cause of death was due to an ice-pick wound or any other object.
On the other hand, Prosecutor Miss Natasha Backer who in association with Miss Rhondel Weever was conducting the case for the prosecution submitted that the no-case submission should be overruled and cited cases in support of her contention.
However, the prosecution could not satisfy the court in relation to the cause of death and the apparent inconsistencies by some of the police investigators so the court was forced to uphold the no-case submission.
Consequently, the judge directed the jury to return a formal verdict of not guilty of murder in favour of the accused who was subsequently discharged by the judge who told him, “You are very fortunate.”
Nobody saw the alleged killing but according to the police the accused after being told of the allegation made an oral confession of the crime.
Detective Sergeant Dennis Adams from Vigilance Police Station testified that the accused had told him, “Me and the guy had a problem and he fired a lash at me, and I ran away. He followed me and I saw him fall to the ground. I saw that an ice-pick which he had in his hand also fell. I picked up the ice-pick and I fired two jooks at him. I then ran and told my sister what had happened.”
On the resumption yesterday, Government Forensic Pathologist, Dr Nehaul Singh who was called to testify stated that he did not see any stab wound during the post-mortem, but he saw two surgical wounds that were made by the surgeon. The doctor said that he could not identify those wounds with a stab wound from an ice-pick.
The doctor made it quite clear that the person who should have been summoned to testify in the particular matter was the surgeon who would have looked at the chart and decided whether it was an ice-pick wound that led to peritonitis – inflammation of the abdomen.
Dr. Singh had given peritonitis as the cause of death but could not associate it with an ice-pick.
At the close of the prosecution’s case yesterday, attorney-at- law Misir elected to make a no-case submission in the absence of the jury. He submitted that the prosecution had failed to make out a case against the accused and asked that his client be freed at that stage without calling on him for a defence.
Counsel submitted that the doctor did not say that the cause of death was due to an ice-pick wound or any other object.
On the other hand, Prosecutor Miss Natasha Backer who in association with Miss Rhondel Weever was conducting the case for the prosecution submitted that the no-case submission should be overruled and cited cases in support of her contention.
However, the prosecution could not satisfy the court in relation to the cause of death and the apparent inconsistencies by some of the police investigators so the court was forced to uphold the no-case submission.
Consequently, the judge directed the jury to return a formal verdict of not guilty of murder in favour of the accused who was subsequently discharged by the judge who told him, “You are very fortunate.”
