FOLLOWING the close of the prosecution’s case yesterday, lawyers representing the defence made no-case submissions in the absence of the jury.

They are asking Justice Navindra Singh to find that the prosecution had failed to make out a case of felony/murder against the accused — Javon Wharton and Charles Colyn Cush — who are indicted with the rape/murder of nine-year-old Sade Stoby, committed in November, 2007.
Sadie Stoby had lived with her parents at 10 Field, Barnwell North, Mocha/Arcadia, East Bank Demerara.

After State Counsel, Mrs. Judith Mursalin had replied to the defence submissions, Justice Singh disclosed that he would deliver his ruling this morning.

In the event that the judge accepts the submissions, Javon Wharton and Charles Colyn Cush would be freed at that stage; but if the submissions are overruled, the two accused would be called upon for a defence, and the case would continue before the judge and a jury.

The prosecution, led by Mrs. Judith Mursalin in association with lawyer Mr. Lloyd Mark Conway, closed its case yesterday after a two-week trial at which 12 witnesses were called. Defence lawyers, Mr. Raymond Ali and Mr. George Thomas submitted to Justice Singh that the prosecution had failed to make out a case against the accused, and had called upon him to free their clients at this stage.

The State has set out to prove that the accused had taken Sade Stoby to the bridge at Mocha and then into the bushes, where they allegedly raped and murdered her.
Written By George Barclay