Murder accused discharged – Ear, Nose, Throat specialist performed post-mortem

MAGISTRATE Sherdel Marcus-Issacs upheld no-case submissions after ruling that the prosecution witness Dr. Mohamed Yacoob, was incompetent to give specialist evidence at the New Amsterdam Magistrates’ Court during the preliminary inquiry into the death of Vickram Sohan.Dr. Yacoob had testified that he conducted a post-mortem by dissection on the body of the 20-year-old Sohan.

Lakeram Samaroo
Lakeram Samaroo

In her extensive ruling, the magistrate noted that one of the main factors affecting the manner in which the question ought to be answered is the cause of death.

“Now, in ascertaining the cause of death, the court must look at the competency of the witness, since the deceased died several days after the alleged incident.”

Citing legal authorities, the magistrate noted, whether a witness is competent to give evidence as an expert, it is for the judge to determine. Without evidence of such nature, the court would be unable to form judgment as to the cause of death.

Additionally, the magistrate questioned whether the witness had acquired by study, and has experience and sufficient knowledge of the subject to render his opinion of value in resolving the issues before the court.

It was highlighted that Dr. Mohammed Yacoob, during his testimony, said he was an Ear, Nose and Throat specialist. He also specialises in ultra sound diagnostics and is currently attached to the New Amsterdam Hospital as the Ear, Nose and Throat surgeon.

In his evidence, the medical practitioner said he conducted a post-mortem on the body of Vickram Sohan and made certain findings.
“The issue arising is whether the witness is qualified or has the experience to conduct a post-mortem examination and is therefore competent to give sworn testimony report as to the cause of death of the deceased. The court is quite disturbed about the fact that the special prosecutor in the person of Charrandas Persaud did not find

Mahendra Samaroo
Mahendra Samaroo

out from the witness Dr. Yacoob whether he had the relevant training and/or experience in conducting post-mortem examinations with dissections.
“And that having been established, make an application to deem Dr. Mohammed Yacoob an expert witness…call a pathologist, Dr. Nehaul Singh or Dr. Brijmohan or some other medical professional with relevant professional qualification to show that Dr. Mohammed Yacoob possessed the relevant training or skill to conduct the post-mortem examination with dissection and therefore competent to give evidence of such nature.”
Concluding, the magistrate said: “I am unable to make a proper determination as to the competency of the witness, to give evidence concerning the cause of death of the deceased. Therefore, no cause of death has been established. The constituent element of the offence has not been made out. Matter dismissed. Accused men discharged.”
Before the court were siblings Mahendra Samaroo called ‘Labba’; Lakeram Samaroo, alias ‘Kettle boy’; Ameer Khan known as ‘Budhoo’; and Tajpal Datt, called ‘Vickram’.
They were charged with murder committed on motorcyclist Vickram Sohan called ‘Robby’, on October 21, 2014 at Suni Turn, New Forest in East Canje, Berbice.
The death of Sohan was initially deemed a motorcycle accident, but the investigations took a twist after eyewitnesses told a different tale.
The 20-year-old cane harvester was found lying in an unconscious state in a clump of bushes at New Forest, East Canje, Berbice on September 14, 2014. His motorbike CD 5091 was found on top of him.

Vickram Sohan
Vickram Sohan

Thereafter, he was rushed by relatives to the New Amsterdam Hospital before being transferred to the Georgetown Public Hospital Corporation (GPHC), a day later.
Subsequent to his discharge from the GPHC on October 15, he returned to the New Amsterdam Hospital, following which his relatives took him to the privately owned Woodlands Hospital the following day. However, he died six days later on Tuesday, October 21, 2014.
Subsequently, a police report a month later, after a teenager gave a sequence of events that took place resulting in Sohan receiving injuries.

 Ameer Khan
Ameer Khan

The 17-year-old stated that he was in company with the four suspects in a car, when he saw the now deceased riding his motorcycle in the opposite direction.
One of the accused armed with a piece of wood, struck Sohan behind his head. The car reversed thereafter, and followed behind the now deceased who was beaten by the suspects. Afterwards, the motorcycle was placed on top of him.
The witness had related that he was held hostage overnight and was threatened that if he ever spoke of the incident he would be killed.
It was almost a month after Sohan’s burial that the family reported their suspicions and brought forth an eyewitness.

 

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