KNOWN scam artist, Gopaul Tiwari, was on Friday freed on two charges of discharging a loaded firearm at two policemen by City Magistrate Judy Latchman.Tiwari, 47, of Craig Village, East Bank Demerara, was found not guilty of unlawfully and maliciously discharging a loaded firearm at police ranks on May 9, at Diamond, East Bank Demerara.
Police Prosecutor Corporal Kerry Bostwick, after calling his final witness, closed the case against Tiwari, after the magistrate ruled that a prima facie case had not been made out against him for the offences.
Police officers, during trial in the matter, failed to tender the firearm Tiwari allegedly discharged on the day in question. They also failed to present an analyst’s report to the court to prove that Tiwari’s hands were dusted for gun powder residue.
Prosecutor Bostwick asked the court to believe the evidence given by Detective Corporal Devon Lowe, Constable Huranan Deonarine and Alex Anais, all attached to the Major Crimes Investigation Unit of the Criminal Investigation Department (CID) headquarters at Eve Leary.
Bostwick told the court that there was sufficient evidence against Tiwari for him to lead a defence to explain why he should not be found liable for the offences.
Deonarine, Bostwick said, testified that Tiwari had pointed a firearm in his direction. Deonarine and Anais both testified that on the day in question, they received information that Tiwari, who was wanted for fraud, was in the vicinity of Grove/Diamond East Bank Demerara.
The officers said that they proceeded to the location in a police vehicle. They testified that when Tiwari spotted the vehicle he began driving at a fast rate of speed, peeping through the rear-view mirrors.
Deonarine testified that he managed to intercept the vehicle Tiwari was driving and Anais exited the vehicle and shouted “police.” It was at this point, Deonarine and Anais said, Tiwari pulled out a darkish object suspected to be a firearm and pointed it out the window of the vehicle. The witnesses testified that they heard a loud explosion a few seconds after. The policemen took cover at the side of their vehicle, and Deonarine returned fire.
When asked by the magistrate what he had to say in relation to the evidence given by the prosecutor, Tiwari stressed that the police have a very weak case against him. He said that the offences for which he was charged are serious, and that the police had failed to produce the firearm he discharged at them to the court. He added that although detectives dusted his hands and vehicle for gun powder residue, they failed to tender an analyst’s report in court.
But prosecutor Bostwick argued that although the firearm was not tendered in court, there was sufficient evidence for Tiwari to lead a defence.
Tiwari is currently serving time on fraud-related offences.