Herstelling acid attack… Judge orders retrial due to irregularities among jury

Jul 16, 2008 News

Allegations of irregularities among the jury yesterday led to Justice Roxanne George-Wiltshire ordering a retrial into the Herstelling acid attack for which Komal Persaud and his mother, Renee Persaud are charged.
The Judge also said that in the circumstances, all 12 jurors must be questioned by the police to determine if any charges can or will be laid.
On Monday morning, the last defence witness testified and the matter was adjourned for continuation that afternoon.
However, when court reconvened, Justice George-Wiltshire told the members of the jury that a problem had arisen which required her to do some research on certain procedures. She then adjourned the matter to yesterday morning.
She was in discussion with defence counsel, Vic Puran, and state prosecutor, Kara Duff-Yehudah, for more than two hours in her chambers before going on the bench to inform the court that she would make her ruling in the afternoon.
She later ruled that a retrial be conducted into the matter which will commence at the next available sitting of the High Court. The judge said that in light of things that came to her attention on Monday, she conducted an enquiry concerning the jury.
In the circumstances, she added, she does not feel that a fair hearing can be had and she would have to abort the trial. According to her, fairness and justice is of paramount importance and is the backbone of the legal system. Jurors play an integral role in this, she said.
The Judge stated that jurors have been admonished not to discuss cases among themselves or with anyone else.
Justice George-Wiltshire noted that it was unfortunate to abort the trial at this stage. She added that no side – the defence or the prosecution – gets justice when a trial is aborted.
She added that jury service is very important and she wants a thorough investigation done into the circumstances which led to her aborting the trial.
The Judge pointed out that the 12 jurors were scheduled to sit with another panel of jurors before Justice Jainarayan Singh.
However, she added that in the circumstances, she does not think that these 12 jurors should sit with the other panel.
The jurors were then informed that they were discharged from any further service in the courts – at least until the police investigations are completed.
Komal and Renee Persaud, of Third Street, Herstelling, East Bank Demerara, are charged with attempting to murder Navin Seepersaud, or the alternative count of causing grievous bodily harm with intent.
Seepersaud, of Section ‘C’, Block ‘Y’, Golden Grove, East Bank Demerara, was badly scarred on the face, eyes, torso, thighs and legs on November 25, 2004.
The Persauds remain on $350,000 bail each.

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Herstelling acid attack… Judge orders retrial due to irregularities among jury

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