Failure of VC to attend court hearing leads to acquittal

JUSTICE Jo-Ann Barlow ordered the twelve-member jury to return a not guilty verdict in favour of Lizander Pospasingh called ‘Ravie,’ after the alleged victim, Michael Gobin, failed to attend court hearings at the Berbice Assizes.

On May 21, 2017, Pospasingh was accused of wounding Gobin called ‘Shark oil’ with intent to murder him.

An alternative count of wounding with intent to cause him grievous bodily harm or to maim, disfigure or disable him, was also instituted. Pospasingh, had pleaded not guilty to both counts.

Meanwhile, following no case submissions by former Magistrate, now Defence Counsel, Mr. Tejnarine Ramroop, the jury was told that since last Thursday, messages and a subsequent summons were issued informing the virtual complainant of the trial, but despite the Court’s efforts and the police involvement, Gobin, failed to appear.

Addressing the accused, Barlow said, “there was some drinking …if alcohol is what caused this you should never drink to a point that you cannot control your actions. Alcohol sometimes lead us to more than we can cope….”

According to the facts given, the virtual complainant and the accused were consuming alcohol at a rum shop at Number One Settlement, West Bank Berbice, when an argument ensued between the men.

A scuffle also ensued, during which the complainant was punched to the face, before being parted by onlookers.

It is alleged that as Gobin was leaving the business establishment, the suspect, armed himself with a cutlass and inflicted a chop on the victim’s left ear and right finger, before escaping.

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