Dairy Bar murder accused walks free

Jul 16, 2010 News

Justice William Ramlal

Seon Yaw hugs his mother after being acquitted of murder yesterday

– Judge cites poor investigation, negligence

Poor police investigation and high instances of police incompetence and negligence were some of the main reasons cited by Justice William Ramlal, yesterday, as he directed the jury to return a unanimous verdict of not guilty to murder accused Seon Yaw.
Yaw, was accused of murdering 73-year-old security guard Noel Jones between December 5 and December 6, 2004.
Justice Ramlal in his address to the court said that the prosecution failed to produce evidence which showed that Yaw inflicted the injuries which caused Jones’s death.
The judge further stated that although the prosecution tried its best, he had noticed a number of cases over the months which have been falling apart because of poor police investigation.
He stated that the police’s forensic photographer had no idea what photography was. “The policeman knows nothing about photography because he destroyed the film.”
Justice Ramlal opined that with technology readily advancing, the police should have done things digitally.
“I don’t blame the prosecution since they tried their best….it was pure police incompetence with the investigators of this case.”
Ramlal further stated that the identification parade was based only on one witness, who might have made a mistake. He said that it was during cross examination that certain aspects of the identification parade were made known.
The judge said that the ID parade only had one person with a distinguishing mark, which made the witness choose Yaw.
He said that other aspects of the defendant’s appearance were forgotten about. “He was picked out even though his height was not correct”.
Additionally, the judge said that evidence from one of the witnesses called by the state was unreliable and unsubstantiated.
He said that the witness gave the court the impression that it was only Yaw that entered the business place, while in the magistrates’ court the witness admitted that three persons entered the premises.
The judge also pointed out that there is definitely a problem with the administrative system.
According to Justice Ramlal, the matter should have been sent to the magistrates’ court, to facilitate more evidence being taken. He said certain witnesses who probably would have given a better description and had a clearer understanding of what transpired were not called.
Once again the judge cited that the investigators were to be blamed. The judge said he found it incomprehensible that one of the witnesses, who was next to Jones, could not identify Yaw.
Ramlal said that the court could only act on the evidence, which is presented. He emphasized that if the police are doing a criminal investigation they must therefore do it properly.
In upholding Senior Counsel Bernard Dos Santos’ no-case submissions, the judge said that the evidence led was weak and tenuous, noting that the prosecution never established that Yaw actually killed Noel Jones.
The judge urged Yaw to walk away in future if a problem arises. Justice Ramlal told Yaw that he had been given a new lease on life, urging him to improve on his education.
“It’s easy to act out…but if trouble comes your way run…. don’t allow yourself to be caught up,” the Judge said.
He stressed that it would have been a travesty if he had allowed the jury to deliberate on the matter.
State Prosecutors Shivani Balcharan and Judith Gildharie-Mursalin represented the state.
It was alleged that Noel Jones was on duty at the Original Dairy Bar, a fast food establishment, when three armed bandits stormed the business place.
The bandits managed to make off with $132,000.
Eyewitnesses had said that Jones was pushed into a toilet where he was shot once in the chest.