RALPH “Nick” Tyndall, 27, of Lot 31 ‘C’ Field Sophia; Anthony De Paul Hope, called “Papa,” 26, of Lot 55 William Street, Kitty; and Kevin O’Neil, 26, of Seaforth Street, Campbellville, accused of murdering Colleen Forrester on December 27, 2008 at William Street, Campbellville, Georgetown and dumping her body in a septic tank, were again committed to stand trial in the High Court after conclusion of their second Preliminary Inquiry (PI) on Friday.

The first preliminary inquiry, conducted before Magistrate Hazel Octive-Hamilton, had resulted in the three being committed to stand trial at the High Court. The case was quashed by Justice Diana Insanally on October 28, 2013, and a new PI was ordered.

In making the order, the defence submissions were accepted in support of a preliminary objection, which claimed that an unsworn statement of a child of tender age was the only evidence on which the Committal Order was based.

A voir dire (a trial within a trial) will have to be held to determine admissibility of caution statements by the accused. At the last PI, a voir dire had been started, but was not completed.

The judge, having listened to the submissions in the absence of the jury, told them afterwards that she was satisfied that the case was not properly brought, and would have to be sent back to the magistrate.

The second PI was conducted before Magistrate Judy Latchman, and 13 witnesses were called by the prosecution to testify.

The trial was given a completion time-frame of four months. It was sent before Magistrate Latchman on October 28, 2013, and the PI commenced on November 15 last.

That PI was completed, after both defence counsels and the prosecution had made their submissions. Prosecuting in the matter was Police Sergeant, Vishnu Hunt, and defence lawyers representing the accused were Mr. Madan Kissoon for Tyndall, Mr. Melvin Duke for Hope, and Mr. George Thomas for O’Neil.

The trio was informed that based on the evidence, the Court had found that a prima facie case had been established against them for the offence of murder, and there is sufficient evidence for them to stand trial at the next practical sitting of the High Court.

The magistrate asked each accused–separately–if they wished to say anything or call a witness. Tyndall and Hope declined to say anything or call any witness, but the number three accused, O’Neil, said he was innocent and did not wish to say anything else at this time.

During the trial, the anxious accused were often seen shaking their legs, and from the start to the end of their trial, they were dressed formally. It was also observed that they were very calm when they heard the ruling of the Magistrate. Tyndall, the number one accused, however, seemed disappointed, and was unsure whether to sit or stand in the dock.

This newspaper understands that Hope, the number two accused, is Forrester’s nephew, and had resided with her at the address where her lifeless body was found.

According to a police report, Forrester’s body had been discovered at just around 09:55 hrs on Sunday, December 28, 2008, after police had conducted a search of the William Street, Campbellville property where she had been a caretaker, following a report by relatives that she had gone missing. They discovered her body in the septic tank.

Forrester’s relatives reported that she had last been seen after returning home from the Main Big Lime in the early hours of December 27, 2007.

A post-mortem examination conducted several days later revealed that Forrester had died from strangulation, and blunt force trauma to the head.
Written By Geeta Rampersaud