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Cinema Caretaker murder trial…Accused said that he acted in self defence

Jun 13, 2008 News

Murder accused, Gerald James, who was accused of killing a cinema caretaker almost five years ago, insisted that he was acting in self defence when the man met his death.
James, 33, nicknamed ‘Smilie’, is charged with killing 40-year-old Khemraj Bissoondyal, called ‘Bruiser’ on November 20, 2003 at the Prince of Wales Cinema at Wales, West Bank Demerara.
He is indicted before Justice Dawn Gregory-Barnes and a 12-member jury at the High Court.
State Prosecutor Dionne McCammon on Wednesday led the main investigator, Detective Corporal Oswald Foo in evidence.  Foo, who is stationed at the Wales Police Station, testified about recording a statement taken under caution after James was arrested.
The officer noted that the statement was obtained through the strictest adherence to police protocol.
Defence Counsel Peter Hugh made no objection to the statement being admitted in evidence or being read to the jury.  According to Foo, James told him that on the morning of the incident, he went to Bissoondyal’s house to drink.
The accused stated that as he was leaving to go home, Bissoondyal struck him with an iron pipe.
“He pick up a iron bar and lash me pon me side…I pull out a knife from me pocket and juk he in he belly,” James said in the statement.
According to the accused, he then discarded the knife in a trench just outside the police station.
Foo noted that the trench outside the police station was scoured for the murder weapon but none was found.
Under cross-examination, Foo said that the cinema is located in a street just behind the Wales Magistrate’s Court which is in the compound housing the police station.
The witness said that he found the body closer to a septic tank than to a house in the yard.
He admitted that he did not retrieve the iron bar on his first visit to the scene since he was more focused on Bissoondyal.  Foo added that he took statements from eyewitnesses, including the wife of the dead man.
The detective could not recall how James was dressed when he met him in the station.  Foo denied constructing the statement based on a question and answer session with the accused.
He agreed that James had an injury which appeared serious enough to warrant medical attention.
However, Foo recalled that although the accused declined treatment, he instructed that he be escorted to hospital.  The prosecution is seeking to prove that Bissoondyal was stabbed to death during a dispute over food.
Further hearing has been adjourned to today when Government Pathologist Dr Nehaul Singh is expected to testify.

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