JUSTICE Brassington Reynolds yesterday upheld defence no-case submissions in the Zeeburg murder trial in which 26-year old Hameraj Rambachan, called ‘Arun’, was indicted for the murder of 49-year-old Rajpattie Jagroo, 49, the mother of his girlfriend ‘Sharda’.
The jury was directed to free Rambachan because the prosecution had been unable to prove its contention that the accused had attacked Rajpattie Jagroo with a knife, believing her to be instrumental in ending the friendship between himself and her daughter.
Another daughter, Basmattie, who had, by means of dim light coming from a wall lamp on a nearby table, identified the accused as the killer, also claimed that the knife wielder had wounded her on the shoulder and head on that fateful night of July 21, 2009. But under cross-examination, by defence counsel Mrs. Kim Kyte-John, the witness Basmattie admitted that although she had recognised the knife wielder as the accused, she had asked, “Is who?” and he had replied, “Is me, Arun”.
Basmattie had received hospital treatment for her injuries, but her mother had succumbed to hers; and the accused was later charged on the strength of Basmattie’s testimony.
Before directing the jury to acquit the accused, Justice Brassington Reynolds had heard arguments in the absence of the jury, and he told the jury panel that, at the close of the prosecution’s case, submissions were made by the defence lawyer to the effect that there was not enough of a case made out by the prosecution to warrant calling upon the accused to lead a defence. The judge said that when he reviewed the evidence, he found it to be so poor that he became satisfied that, when the weaknesses in the State’s case are highlighted, there was nothing left from which a reasonable jury could properly convict.
After the jury had returned its not-guilty verdict, Prosecutor Miss Renita Singh, acting on behalf of the Director of Public Prosecutions, gave notice of appeal, and alerted the court that the accused was subject to a second indictment — wounding a witness in the just-concluded case. She asked that he be sent to prison to await his trial.
Defence counsel Mrs. Kyte-John submitted that wounding was a bailable offence, and suggested that the court place the accused on reasonable bail, but the prosecutor said she was opposing bail. Nevertheless, the judge granted bail in the sum of $150,000 under condition that the accused report to Leonora Police Station every Monday until the case is ready for hearing. Hameraj was also required to surrender his passport.
Justice Reynolds thanked both defence and prosecution lawyers for the submissions they had made and the records which they had made available to the court.
He told the prosecutor, Miss Singh, that with the available matters she had at her disposal, she had done her best and could not have done more. He commended her for a job well done.
The accused Hameraj was able to secure bail yesterday afternoon.