THE STATE yesterday closed its case in the High Court murder trial against the accused Patrick Anthony Balgobin before Justice Jo-Ann Barlow.The charge is that he allegedly murdered 72-year-old poultry farmer Rudolph Moonsammy between June 7, 2010 and June 10, 2010 at St Lawrence, East Bank Essequibo.
In his defence, Patrick Anthony Balgobin elected to give an unsworn statement from the prisoner’s dock and told the court that on June 7, 2010, he was at work and at about 15:00 hrs to 16:00 hrs, he left to go to a nearby shop to purchase a “sweet drink.”
He added that he later left the shop and returned home and had a chat with his wife after which he went to bed.
Balgobin explained that he retired to bed early because he had to wake up during the night and tend to his chickens.
He told the court that he woke up the next morning and two policemen greeted him and he was told that he was wanted for questioning at the Parika Police Station. He was arrested and placed in the lockups.
Balgobin added that he was later taken out of the lockups and asked whether he knew anything about Moonsammy and he said no.
The accused stated that he was placed back in the holding area and once again taken out and a policeman put him to sit in front of a desk; he took out a pen and paper and began writing.
Balgobin said he was asked if he could read and he said ‘no’, but told the police he could sign his name. He was placed in the lockups and on June 11, 2010, he was passed through court and was remanded to prison for murder.
‘RUSH JUDGMENT’
The Defence Counsel Maxwell McKay in his closing statement lead a case of ‘rush judgment’ on the part of the police and an eyewitness, a neighbour citing circumstantial evidence.
During his address to the 12-member jury yesterday, McKay narrated a scene painting a picture of innocence on the part of the accused and stating that he was not the person who killed Moonsammy. He asked the jury to look at the logic of the evidence presented in court.
Meanwhile, State Prosecutor Diana Kaulesar in her closing address to the jury said the State had proven its case against Balgobin –who killed Moonsammy who died three days after he received injuries inflicted by the accused.
She explained that during the unsworn statement by the accused, he never once said he did not kill Moonsammy, because he did not have the guts to say it knowing that he had committed the act of murder.
Kaulesar told the court that the state led a case of direct and circumstantial evidence which must be considered after the testimonies of both police and civilian witnesses, which were more than credible.
She said a neighbour had testified that he heard noises coming from Moonsammy’s house after which he saw Moonsammy walking hurriedly from his residence with Balgobin in stride with him.
He noted that the witness (Nandram) saw Balgobin with a piece of wood and a cutlass in his hand and he first dealt Moonsammy several blows to his head with a piece of greenheart, after which Moonsammy tried to block with his hands. Kaulesar said the incident lasted about three to five minutes and it was only after Balgobin’s wife told him not to ‘chop the old man again’ he turned and left.

SUFFICIENT EVIDENCE
She told the court that sufficient evidence was presented in the case and it must be acted upon because it was Balgobin who inflicted those injuries on Moonsammy which led to his demise.
Kaulesar said on June 7, 2010, a report was made to the police and the next day the accused was arrested and told the police: “Sir, Moonsammy lashed me first then I lashed him three times.”
The State Prosecutor told the court that Moonsammy died on June 10, 2010 and the next day a post-mortem was performed, and in June 12, 2010, he was cremated.
She said the deceased was 73 years old, a defenceless old man who was struck repeatedly to the head by his young attacker who was significantly armed – an act which was deliberate and calculated.
Kaulesar told the court that Balgobin had committed a grave offence for which he must be held accountable.
At the commencement of the case yesterday an amendment was made to the date from June 7, 2010 to state from June 7, 2010 to June 10, 2010, the application was granted since the date of the death is unknown.
A post- mortem performed by Pathologist Dr Vivikanand Brijmohan gave the cause of death as (a) shock and haemorrhage due to lacerations to the brain and (b) fractured skull.
There were five witnesses who testified under oath in this case. The charge was re-read to the accused which states that between June 7, 2010 to June 10, 2010, he allegedly murdered Rudolph Moonsammy.
The accused Patrick Anthony Balgobin has pleaded not guilty to the charge and is being represented by Attorney-at-law Maxwell McKay.
The State is represented by Diana Kaulesar and Tuanna Hardy. During the opening address, Tuanna Hardy told the court that the accused allegedly murdered his employer during a quarrel, they lived in the same yard and he followed Moonsammy to a dam.
There he dealt Moonsammy several blows to the body with a piece of wood and after the wood broke he chopped the man with a cutlass.
Moonsammy although mortally wounded managed to crawl into his house and after which he was discovered by a neighbour.
Moonsammy died three days later from extensive injuries to the head.
A verdict in this murder trial is expected on Monday morning.