Manslaughter case takes 25 years to be heard

Apr 05, 2015 News

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In one of the two Manslaughter cases heard in Berbice this session, the accused died. In the other manslaughter case which came up before Justice Brassington Reynolds, neither the accused nor the witnesses were located. This matter happened 25 years ago.
A total of 11 matters were presented and completed during the January sessions of the Demerara Criminal Assizes.
The session, which commenced on January 13, 2015 was presided over by three judges, Justice Franklyn Holder, Justice Navindra Singh and Justice James Bovell-Drakes.
According to the Office of the Director of Public Prosecutions, (DPP) 213 cases were listed to be heard during the Assizes but only eleven matters were presented at the High Court.
Of these, eight of them were for murder, one each for rape, assault and forcible abduction of a female for carnal knowledge, another one for the offence of rape and one for the offence of rape of a child under 16 years.
There were convictions in five of them and five acquittals.  However, the outcome of one matter is still pending.
Justice Navindra Singh completed four matters among them that of Jarvis Small and Bibi Shareema Gopaul who were sentenced to 96 years and 106 years respectively for the murder of Neesa Gopaul. Popular party promoter, Colin Mack, was found not guilty of rape and forcible abduction of a female for carnal knowledge.
Justice Singh also presided over the murder trial of Randy Isaac and Devon Thomas who were tried and sentenced to 75 years each for murder of East Coast Demerara businessman, Kumar Mohabir. The accused, Troy Greene, was freed of West Coast hairdresser, Bibi Rafeena Saymar’s murder.
Justice Franklyn Holder completed four matters, two for Murder and one each for the offences of pape and rape of a child under 16 years. Vinod Balgobin was sentenced to 43 years’ imprisonment after the jury returned a unanimous guilty verdict for the murder of his reputed wife, Mary Ann Nauth. The incident took place at K&VC hotel in May 11, 2013.
The other accused, Rudolph London pleaded guilty to the lesser count of manslaughter. He was sentenced to 14 years imprisonment for the unlawful killing of his wife Shaunell Warrick.
Leroy Deonarine who was indicted for rape was acquitted after the Virtual Complainant (VC) testified that she did not wish to give evidence.  Justice Holder, in turn directed the jury to return a formal verdict of not guilty.
Justice Holder sentenced Leyrone Sandiford to 18 years’ imprisonment after he pleaded guilty to the offence of rape of a child under 16 years.
Justice James Bovell-Drakes presided over two Murder trials. In the first matter Shawn Thom and Orin David were jointly indicted for the murder of Mahaica Farmer Lakram Bihundial.
They were released after the judge upheld a no case submission presented by Thom’s lawyer and the jury returned a unanimous verdict of not guilty for the number two accused, Orin David.
Edward Skeete was also acquitted of killing businessman Bedi Ramjewan after a jury found him not guilty of the offence.    A third murder trial is currently ongoing.
Justice Brassington Reynolds sat at the Berbice Criminal Assizes. He continued the October 2014 Criminal Assizes in January.  This ended on February 2.
The session which will continue until June 15, 2015 has 61 cases listed to be heard.  Fourteen cases received attention during the past three months. Of these 14 matters, nine were disposed of by Justice Reynolds while five matters were nolle prosequi by the Director of Public Prosecutions (DPP).
The nine matters presented before Justice Reynolds were for the offences of murder, incest and sexual activity with a child family member. Six were for murder, two for sexual activity with a child family member and one matter for the offence of incest.
In one matter for the offence of murder in which two accused were indicted, the jury returned a unanimous verdict of not guilty for both accused.
In another trial for the offence of murder, the two accused had their committals and indictment quashed after the defence submitted to the court that the Magistrate did not comply with a section of the law as it relates to Section 71 Chapter 10:01 of the Law Procedure Act.
In the other matter for the offence of murder, the two accused were acquitted after the trial Judge upheld a no case submission and directed the jury to return a formal verdict of not guilty.
In three separate murder trials, the accused persons all pleaded guilty to the lesser offence of manslaughter. Two were respectively sentenced to 13 years and 12 years imprisonment while the accused in the third matter is expected to be sentenced on Monday.
The accused charged with incest was discharged after the complainant testified that she did not wish to proceed with the evidence.  Other matters include sexual activity with a child family member in which one person was sentenced to ten years imprisonment after pleading guilty. The other matter was found guilty by a majority verdict of 11 guilty to one not guilty.
This accused, too, will be sentenced on Monday April 13, 20L5.
Of the five matters that were nolle prosequi by the DPP, two were for the offence of manslaughter, one for causing grievous bodily harm with intent, one for falsification of accounts, embezzlement by public officer and larceny of Judicial Document and one for carnal knowledge of a girl under 13 years
Meanwhile, the Essequibo Criminal Assizes continued in January until February 16 before Justice Sandra Kurtzious. Justice Kurtzious disposed of four matters during January, February and March. Of these four matters, two were presented to the judge while another two matters were nolle prosequi by the DPP’
The two matters presented were for the offences of attempt to commit murder and alternatively, for the offences of wounding with intent and unlawful wounding.
In the first matter for attempt to commit murder, the accused was sentenced to 25 years’ imprisonment.
The accused in the other matter for the offence of Attempt to Commit Murder and Unlawful Wounding was acquitted on both counts after the jury returned a unanimous verdict of not guilty.
There are 230 cases listed to be heard during the Demerara April Assizes before Justice Roxanne George-Wiltshire, Justice Navindra Singh and Justice Brassington Reynolds.  The session is scheduled to commence on Tuesday.

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