Two freed of murder in Magistrate’s Court

Jan 30, 2009 News

…there was little or no evidence – Magistrate Azeez

Almost one year after they were charged for the murder of 76-year-old Habiboodean, one of the dead man’s daughters, Bibi Habiboodean, and Terry Contan were on Wednesday freed by Magistrate Fazil Azeez.
The two were accused of murdering Habiboodean, the owner of a gas station at Ruby, East Bank Essequibo.
Habiboodean died last February from multiple injuries to the head, chest and neck as a result of blunt trauma.
The post mortem also revealed that the victim sustained several broken ribs and was haemorrhaging in the brain.
The 76-year-old businessman died at the Woodlands Hospital, one day after he was found in his Ruby, East Bank Essequibo home slumped in a chair bleeding from a gaping wound to his head.
During investigation, his daughter Bibi Habiboodean and her driver were arrested and charged based on reported evidence that before dying Habiboodean related that he was being forced to sign over documents to his daughter making her sole owner of his property.
In handing down his decision on Wednesday, Magistrate Azeez said that evidence in the case was taken from relatives of the deceased, police, employees and a spiritual advisor of the family.
He said that very often in such cases he is forced to decide whether there is some doubt, whether he should exercise discretion, whether he should believe or disbelieve the evidence to find relatives reliable or unreliable.
However in the particular case, he noted, there is ‘simply no evidence’.
“I am amazed that the police actually charged the two accused. I cannot understand how the Director of Public Prosecutions could have charged on this evidence,” the Magistrate said.
He added that maybe there is something in the statements, but whatever there was did not come out in the court during the Preliminary Inquiry.
When the case began, Counsel for Cantan, Vic Puran, stated that there is no evidence to link his client to the murder.
With respect to the daughter of the deceased, the Magistrate said that the issue is whether there is information of any suspicious circumstances.
He added that because of the presumed dispute involving the property, on which the bank was going to foreclose, it is clear that the bank wanted to deal with a young person and not an old man.
The daughter, the magistrate added, wanted her father to grant her a power of attorney to save the property but the father was reluctant.
The spiritual advisor, Magistrate Azeez said, gave evidence said that there was an amelioration, “It means that there was no motive for the daughter to murder the father.”
There is no evidence to show that the daughter had any link with the death of her father.
The housekeeper said that there was a man present that day at the gas station and he was Habiboodean’s driver but she never identified the man in court.
“There is a great deal of suspicion with regards the grandson. I am surprised that he was not held for the murder. The grandson by his own admission has involved himself in the trafficking of the power of attorney.”
The Magistrate pointed out that he thinks that a great injustice was done to the two accused.
“The prosecutor was given a basket to fetch water. He could not convince the court to commit the accused.”
Speaking with Kaieteur News yesterday, attorney at law Vic Puran said that now that the matter is over he will be applying for a copy of the proceedings.
He added that because of the action of the State, Bibi has lost her property and someone will have to pay for the damage caused.

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