THE verdict returned last Wednesday by the all-male jury after deliberating for just over two hours in the murder trial of father-and-son duo Krishna, called John, and Romel Krishna for the alleged murder of Shawn Fraser, which was committed at Hogstye Village, Corentyne between July 27 and 28, 2011, has astonished Justice Navindra Singh, presiding in the Berbice Criminal Assizes.Discharging the father-and-son duo, who had pleaded not guilty at their arraignment, Justice Singh told them: “Krishna and Romel, the jury has found you not guilty. I am astonished. You are free to leave. You are discharged.”

Earlier, the father, Krishna, called John, had opted to lead his defence, and had given a sworn statement from the witness box denying that he had ever committed the offence. He had said that, after awaking on July 27, 2011, he had received a phone call from a sibling in New York, who requested that he go to their father at Yakusari in Black Bush Polder, Corentyne.

Before he had so done, he said, he had gone to the backlands, where he used a newly-purchased tractor to plough the cultivation plot. He said he had been accompanied by his wife, who had used the donkey cart; his son Romel, who had driven a motorbike; and his younger son Kevin, who had ridden with him on the tractor.

“Romel and Kevin assisted in straightening the fence. I ploughed the field…. I then picked some wood, threw it into the donkey cart, packed items into the tractor, and returned home,” Krishna had testified.

“Romel and Kevin separated themselves from me…,” he continued. “It was after 3pm. Whilst I was going home, I saw Shawn Fraser nephew. He asked me to borrow the hammer. We were at Alness Village at that time.”

The Number One accused recalled leaving his home for Yakusari, Black Bush Polder, where he spent the night at his father’s house.
The following day, on his return home, the elder Krishna claimed, his wife told him that their sons had been taken into police custody. Thereafter, he said, he returned to the Saltearn backdam; but on his return home, he was told that Policeman Mc Allister wanted to see him at the Whim Station.

Having sought legal advice, Krishna said, the now deceased Senior Counsel Marcel Crawford escorted him to the Whim Police Station and handed him over to the police authorities.

Krishna contended that he had not seen Shawn Fraser, whom he knew for over thirty years.

Questioned by State Counsel Natasha Backer, the accused said that Saltearn backlands are owned by the village.

“It’s a free-for-all; anyone can go and farm. Anyhow, the garden belonged to me. It was fenced. The Frasers did not own the land. They used the land,” he contended.

Responding to Justice Singh, Krishna had said: “Bolo never worked with me. He was never around the backdam with me. I did not have any cattle on the land which was cleared by Audwyn and Shawn.”

Defence witness Meena Jaiksoon, wife of the elder Krishna, in response to Ms. Backer, had said it was at about 11:30hrs when she had accompanied her husband and their sons to the backlands.

While she admitted knowing Audwyn and Shawn Fraser, she denied seeing them on the date in question. However, she admitted being aware that they cultivated the backlands.

In response to the Prosecutrix, the witness had said that her father-in-law, Permaul Latchman, lived at Yakusari in Black Bush Polder, but had died in Florida, USA. She said his body was never returned to Guyana.

Ms. Jaikissoon told the judge and the mixed jury that her husband had previously been charged with larceny of sheep, and that she also had faced a similar charge. That charge, she declared, had been dismissed five years ago.

“He was also locked up for an issue with ‘Papi’, a fellow villager,” she had also said.

But, responding specifically to Justice Singh, the woman said no one lived at the house at Yakusari, but a brother-in-law lived next door.

“In 2011, we reared cattle at Saltearn backlands and at Kokorite Savannah,” she had also disclosed.

But when she was asked specifically about her profession, the woman said she was once a farmer.

“But, in responding to the State, you said you are a farmer,” Justice Singh pointed out.

“I did not understand,” she muttered in reply.

“You were asked what you do for a living, and you said you are a farmer. How come you are now saying you are not?” Justice Singh enquired. “You want me to lock you up today? You can be charged with perjury. You are lying under oath,” he pointed out.

Attorney-at-law, Kim Kyte, representing the number one accused, attempted to intervene but was asked to take her seat, as the judge continued his line of questioning.

Despite the harshness in his voice, the witness remained unruffled, calmly responding before exiting the witness box moments later.

The other accused, Romel Krishna, who also testified under oath, recounted assisting his parents on their farmlands before going to a village shop, where he purchased a bottle of Pepsi, a loaf of bread and a tin of condensed milk.
Those items were shared among the family, before he continued to cut grass.

He said he was exiting the backlands when he encountered ‘Black Clothes Police ranks’, who stopped him. “They asked me what I possessed. I told then a grass knife, a cutlass, and a bag of grass. They emptied the bag. The police put me and my brother, along with ‘Bungie’ son, in their vehicle. Another policeman took my motorbike and rode away. Me and Kevin were taken to the Whim Police Station. I was placed in the lockups.

“I know Audwyn Fraser and Shawn Fraser and Bolo, but I did not see them that day. I did not point a gun at Shawn. I never had a problem with Audwyn Fraser family. I did not run behind Shawn with a gun in my hand,” he testified.

Meanwhile, the prosecution’s main witness — Audwyn Fraser, also known as Audwyn Bindah — dramatically recalled how he fell backwards after he was shot by one ‘Bobo’, who had seconds earlier pointed a shotgun at him.

Speaking in the Creolese dialect which is practised by the locals, Fraser said: “Me say to me brother Shawn ‘Me get shot! Me dead!’ and me go down. My brother asked them ‘Is wha me brother do you fu you shoot he?” Audwyn testified. He said this happened before his brother had turned to face the accused men.

According to Audwyn, “It was Romel who then pointed a gun to my brother’s stomach before firing a shot, forcing my brother to drop the items he had in his hand.

“He fell backwards, his hands upraised. John then pointed his gun to my brother’s stomach before firing a shot, forcing my brother to drop the items he had in his hand.”

Audwyn recalled that his body had been swaying, and he had taken his right hand and supported the other arm of his brother, resulting in his brother being able to steady himself.

“I then heard one of the accused men say, ‘Look one of them running away!’ I shouted for another brother, Ray. He was cultivating his farmlands. At that time I heard two more explosions, like gunshots, behind me.”

In her opening address, State Prosecutrix Ms. Natasha Backer said Shawn Fraser, aged 36 years, of Hogstye Village, and his brother Audwyn Bindah, called ‘Audwyn Fraser’, of 11 Adventure Farm, Corentyne, are cattle and rice farmers.

“On July 27, 2011, they left Shawn’s house on tractor to go to Hogstye backlands to spray rice.
The two accused and Bobo, each armed with guns, were pursuing his sibling. Gunshots were fired, and Audwyn fell to the ground. There were bloodied holes in his back and chest cavity.

“Subsequently, the matter was reported at Whim Police Station. Shawn Fraser was pronounced dead at the Port Mourant Hospital, while Audwyn was taken to the New Amsterdam Hospital.

“A post-mortem report prepared by Dr. Nehaul Singh stated that the cause of Shawn Fraser’s death was due to perforation to the lung due to penetrating wounds to the chest, compounded by a fractured skull.

“The accused men, who had faced two previous trials — which were aborted due to improprieties — were also represented by Attorneys-at-law Mr. Mursalene Bacchus and Ms. Tania Warren Clement.