By George Barclay

AFTER the prosecution closed its case in the Old England “Shallow Grave” murder retrial on Thursday, defence counsel Hewley Griffith began making a “no-case” submission in the absence of the jury.Justice James Bovell-Drakes, who conducted the voir dire (a trial within a trial), which ended on Thursday, has reserved his ruling for Monday at 1.15 pm.

Justice Bovell-Drakes had earlier held a voir dire to determine the voluntariness of a caution statement the accused, Lakeraj Fredericks, had allegedly given to the police, detailing how Clifton Bonus, called “Mutts,” was shot dead and was buried in a shallow grave in a community in the Upper Demerara River in June, 2011. The judge found this voir dire statement to be voluntarily given to the police.

Fredricks, 27, is accused of the murder of Mutts, who was shot and killed on June 3, 2011 following a row over marijuana plants. He has pleaded not guilty.

Before the second voir dire in relation to legal arguments in the no-case submission got underway on Wednesday, the prosecution, conducted by Siand Dhurjon and Shonette Austin, called to the stand their last witness at the main trial, former policeman Ronald Denny. Now a gold miner, Denny had, in 2011, been a policeman at Mackenzie Police Station.

Questioned by Dhurjon, he told the judge and jury that as a result of information received, he and a party of policemen went to the densely forested Old England backdam where, on arrival, he observed three camps and met a fellow by the name of Tyson, who told him something.

As a consequence, he went some distance away, where he saw some branches and wood covering a spot. With the use of a shovel, he dug to a depth of about 2 ½ feet and found the body of a male. It was bloated and the skin was peeling off.

The witness said he noticed two circular wounds on the head, which he suspected to be gunshot wounds. The body was escorted from the backdam to the Mackenzie Hospital, where Dr. Carlos pronounced the person dead.

The witness said it took him between 45 minutes and an hour to remove the corpse from the shallow grave.

Following Denny’s testimony, the no-case submission began.

The main trial continues on Monday afternoon, when the judge will rule in the no-case matter.
Attorneys-at-Law Lawrence Harris and Lawrence Griffith are defending.