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Rape accused freed on retrial

Apr 21, 2011 News

Rape accused Ravidat Jagnit, called, Ravi, a 23-year-old labourer of Betsy Ground East Canje Berbice was on Tuesday freed of rape in the Berbice High Court. This was after Justice Brassington Reynolds upheld no case submissions by his attorney Mursaline Bacchus.
Jagnit was before Justice Reynolds and a mixed jury for rape
committed on a 62-year-old villager of Betsy Ground on December 6, 2003 at her home.
Jagnit who was previously convicted and sentenced in May 2009 to 12 years in jail, had petitioned the Court of Appeal through his lawyer Mursaline Bacchus. That court set aside that decision and ordered a retrial.
At the retrial the Defense counsel in his no case submission had challenged on the grounds that the matter of identification on the part of the prosecution was weak.
He stated that there was no evidence by the victim about how long she was able to observe the intruder while the lamp was lit. He stated that the woman said in her evidence that the place was in darkness after the lamp was put out.
He is also challenging the accuracy of the woman’s evidence. Bacchus stated that during the cross examination she stated that the accused was wearing a white shirt. In court she said that he was wearing a green shirt.
He further submitted that the woman in her evidence told the court that she knew the accused before, but that she never told the court, when last she saw him before the incident.
The lawyer further challenged the admissibility of the medical certificate and moved to have it thrown out. He stated that according to law the woman should have been examined by a doctor, but according to the medical certificate she was examined by a nurse. Mr. Bacchus during his submission cited several authorities to support his case.
The Prosecution which was being led by attorney at law Dionne Mc Cammon, had sought an adjournment to file submission in answer to the defence. In her submission on Tuesday Mc Cammon had stated that there was enough evidence for the case to proceed and that the defendant should lead a defense.
Justice Reynolds agreed with the defence submissions. He also threw out the medical certificate. The judge then directed the jury to return a formal verdict of not guilty and discharged the accused.

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