Magistrate throws out confession statement

Jul 14, 2009 News

Satyadeow Sawh murder…

The Preliminary Inquiry into the murder of Agriculture Minister Satyadeow Sawh and three others took an interesting twist yesterday, when Magistrate Yohhahnseh Cave declined to admit a confession statement allegedly made by accused David Leander as part of the evidence.
The Magistrate ruled that it was obvious that Leander, called Biscuit, of Buxton, East Coast Demerara, did not give the statement freely.
It was clear that Leander was severely beaten since there were obvious marks of violence on his body when he made his first court appearance at the Georgetown Magistrates’ Court a few days after he was arrested.
On that occasion Leander could not walk; he had to be lifted into the court by ranks of the Guyana Police Force.
Magistrate Cave also noted that investigators breached the Judges’ Rule when they failed to caution Leander before taking the alleged confession statement.
The Magistrate’s ruling was made in the absence of Special Prosecutor Sanjeev Datadin who is out of the jurisdiction for medical reasons.
In the interim, Police Prosecutor Sergeant Shurland Thomas and attorney at law, Sandil Kissoon handled the prosecution.
Magistrate Cave said that should the Prosecution fail to produce any further witnesses on the next court date, Friday, he will request that the case be closed against the accused.
The Prosecution did indicate that the late Minister’s brother, Omprakash Sawh, will be returning to Guyana to continue his cross-examination which was aborted last year because he had to return to his home in the United Kingdom.
Omprakash Sawh’s evidence holds the key to the Prosecution’s case against Leander, since he was reportedly the only eyewitness to the killing.
Should he not return to complete his cross examination, his evidence will be ruled inadmissible.
The prosecution had also indicated that they will be calling the girlfriend of former co-accused, Jermaine ‘Skinny’ Charles, who was shot dead by joint services rank in august last year, to the stand.
According to the Magistrate, as it stands, the Prosecution has failed to make out a prima facie case against the accused.
He indicated that he had given the Prosecution enough time to present their case and will wait no longer than Friday for them to produce any further evidence.
Minister Satyadeow Sawh, his brother Rajpat Sawh, sister Pulmattie Persaud and security guard Curtis Robertson were all executed on April 22, 2006, when a gang of heavily armed men invaded the Minister’s home at La Bonne Intention, East Coast Demerara.

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Magistrate throws out confession statement

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