NUMBER 41 Village, West Coast Berbice residents Roy Pestano Snr and his son Raymond, on trial for the October 19, 2002 murder of fellow villager Davanand Ramlagan, allegedly committed following a misunderstanding, pleaded not guilty during their arraignment at the Berbice Assizes last week.
Prosecutrix, Ms. Judith Mursalin’s opening address to the mixed jury detailed that on October 19, 2002, at 9.30 pm, Kenrick Ramlagan and Goel Richard Ross were seated at Breezy Point shop in Number 41 Village, West Coast Berbice, when a car pulled up with the two accused men and another person.
The unfolding events resulted in Ross running in the direction of his home, where he saw his cousin, Davanand Ramlagan, in a pool of blood.
Government Pathologist, Dr Nehaul Singh revealed that there were four stab wounds on the body of the 25-year-old man.
Following investigations, Roy Pestano and his son Raymond were charged with the capital offence.
Meanwhile, amidst legal objections and submissions, the witness Goel Richard Ross recalled being given a box of food, which he was eating outside the Breezy Point shop when the white car pulled up in front of the business place.
“Roy Pestano Snr, along with his sons Roy Jnr and Raymond, exited the vehicle,” Ross said. “Roy Jnr walked to Kenrick Ramlagan and dealt him several slaps to his face. I heard Pestano Snr, while using expletives, say, ‘Who go get juk up will get juk up. Who go get shoot up will get shoot up. Leh we kill them mother……!’
“Kenrick managed to escape from Junior Pestano, while the proprietor of Breezy Point ordered Senior Pestano out of his business (place), and he joined his other sons at the vehicle.”
The witness told Justice Navindra Singh that during the ordeal he had remained seated in front of the shop, until Roy Jnr pulled out a shiny object from his waist and rushed up to him, but he avoided Roy Jnr.
He said the three Pestanos re-entered the white car, but not before the senior Pestano had loudly stated that they were proceeding to the house where ‘Bald head’ lives.
The witness explained that ‘Bald Head’, whose real name is Joseph Alexander Ross, was his father, and he [the witness] lived at the same house.
The witness said he looked and observed the car’s brake light at the rear end of the vehicle, and commenced running towards the car when he subsequently saw Davanand Ramlagan lying in a pool of blood, with his brother Kenrick standing over him. The Pestanos had already driven away.
Questioned by Senior Counsel, Bernard De Santos, the witness said that on the night of the incident, he did not see persons unknown, neither did he raise any alarm or consume any alcoholic beverage.
Led in his evidence in chief, Kenrick Ramlagan, brother of the deceased, said that after Junior Pestano had slapped him, he, the witness, asked his assailant what had happened to him (assailant), but the assailant continued to approach him, forcing him to run to his uncle’s (Bald Head) home.
“I saw my brother on the road coming towards us. I stopped him, as I knew we and the accused persons had problems. The Pestanos’ car proceeded after me. I spoke to my brother. They ran the car on my brother, but he placed his hands on the bonnet and pushed himself off. I walked into Bald Head Ross’ yard, as he is my uncle. From there I saw the Pestanos exiting the car. Roy Pestano Jnr walked towards my brother and slapped him twice. My brother held his face and bowed his head. Senior Pestano held my brother’s hand behind his back while Roy Jnr and Raymond, armed with knives, stabbed my brother whilst the senior Pestano, addressing his sons, asked, ‘You all give him enough?’
“My brother had on a white vest; it was bloodied. He fell in front of me before the Pestanos jumped into their car and drive away. My brother sustained an injury to his throat. I started hollering for help, and Goel Ross came running from Breezy Point.”
It was learnt that the injured man was taken to the Fort Wellington Cottage Hospital, where he was pronounced dead.
In responding to questions by defence counsel, the witness confessed to submitting three statements in relation to the incident: the first initially to Corporal Wintz, the second to Corporal Indarpaul, and the third to Attorney-at-law, Mursalene Bacchus. In that latter statement, it was recorded that the senior Pestano had held the hand of the now deceased man behind his back.
The witness Detective Corporal Dharmendra Indarpaul recalled taking pictures of the alleged murder scene, but he said he had been unable to develop the film, because no chemicals had been available in the crime lab.