THERE was laughter in the High Court yesterday when the main witness, Sgt. Narine Lall, who was testifying at the Rambachun murder trial voir dire said he was not aware that his call name at the station was ‘Caution Statement’.
Sgt. Lall was testifying at the trial within a trial, which is being conducted by Justice Brassingtgon Reynolds to determine whether a caution statement allegedly given to Sgt. Lall by the accused was free and voluntary and obtained in accordance with the judge’s rules.
But the laughter came after defence counsel, Kim Kyte-John, in association with Faye Barker for the accused, suggested the call name to the witness under cross-examination, and drew the response, “I am not aware.”
The judge decided to hold the voir dire in the absence of the jury, where evidence pertaining to the matter will be led, for him to legally decide whether the statement is admissible or not.
Conducting the evidence for the prosecution are Dhanika Singh and Renita Singh of the Chambers of the Director of Public Prosecutions.
Hemeraj Rambachun called ‘Arun’ is on trial for the murder of Jagroo, called ‘Baite’, allegedly committed between the 21st and 22nd of July 2009 at Zeeburg, West Coast Demerara.
He has pleaded not guilty and the prosecution intends to call eight witnesses in support of its case.
The trial within a trial is based on the grounds that the defence is alleging that the statement was not obtained in accordance with the judge’s rules, a circumstance which the judge has to determine.
The trial is continuing.