…wishes judge merry Christmas

WHEN partially deaf 75-year-old Johoro Ramnauth called ‘Zainool’ of Zeeburg, West Bank Berbice, was Wednesday found not guilty of unlawfully killing security guard ‘Bruk-Up’, she mistakenly thought she had been found guilty.
So she enquired from trial judge, Justice Navindra Singh, “Am I found guilty?”
The judge replied, “No – You are found not guilty, you are free to go, Happy Christmas.”
The freed woman, who also has difficulty in walking, retorted, in a high-pitched voice: “You too have a Merry Christmas.”
Then she said thank you as she was helped from the dock by police officers. She was then accompanied on her freedom journey by a female relative, the only spectator, apart from two members of the press who were present without the normal press accommodation.
The accused was indicted with having on April 1, 2008, unlawfully killed Subas ‘Chand’, called ‘Bruk-Up’.
The prosecution was represented yesterday by Mrs. Judith Gildharie-Mursalin and the accused by attorney, Mr. Huckumchand.
The prosecution called witnesses with the police producing caution statements by the accused.
In one statement the accused said that she and ‘Bruk-Up’ used to drink together, and that he had made overtures to her in the past which she had turned down. But according to her on the day in question, the man called out to her and she advised him to go away.
Instead of taking her advice, he broke and entered her building and forced her to commit an unnatural sex act with him. She said that she became annoyed and in self-defence hit him on the head with a piece of wood.
In the other statement, she said that on the particular day ‘Bruk-Up’ was drunk and began beating her and in defence she responded by hitting him with a piece of wood.
At the close of the prosecution’s case, the defence attorney made a no-case submission in the presence of the jury, pointing out that all his client did was to defend herself, and he submitted that in the circumstances there was no case for her to answer.
The prosecutrix, while not conceding, told the court that one of the five elements the prosecution has to prove, cause of death, had not been proved by the police who did not submit a post-mortem report at the preliminary inquiry to determine the cause of death.
Justice Singh agreed with the defence no-case submissions and directed the jury to return a formal verdict of not guilty of manslaughter in favour of the accused.
Acting in accordance with the directions given, the jury returned a formal verdict of not guilty.

(By George Barclay)