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Apr 27, 2012 News
The two accused in the Sand Hills murder trial are expected to know their fate today when Justice James Bovell-Drakes is expected to sum up the case for the jury.
Dave Banwarie, 32, and Elmo Benedict, 30, are on trial in the Berbice High Court before Justice Bovell-Drakes and a mixed jury for the murder of Rakesh Rajaram on March 1, 2008, at Sand Hills, Berbice River.
On Wednesday, the defence and prosecution completed their submissions. The trial which commenced on April 5 saw the prosecution calling nine witnesses including retired detective sergeant Charles Brown, Detective Corporals Lawrence Thomas and Dharmendra Inderpaul, Crime Scene Detective Corporal Curtis Cort and Dr Vivekanand Brijmohan.
The witnesses in their various submissions gave details of their involvement in the case. During the presentation of evidence, caution statements purportedly made by Banwarie and Benedict were admitted into evidence, in which they both admitted to the committing the crime. A cutlass allegedly used during the crime and photographs taken were also presented.
Attorney at Law Raymond Alli is representing Benedict while state-appointed lawyer Rabindranauth Singh is appearing for Banwarie. In their presentations, the attorneys pointed to several inconsistencies in the prosecution’s case as well as self-defence on their clients’ part.
State prosecutor Rhondel Weaver in an elaborate presentation based her submission mainly on the caution statements made by the two accused.
Banwarie had stated that he lived with Rookmin as ‘man and wife’ and during that period, he became aware of a friendship between her and Rajaram, who repeatedly threatened to shoot him.
On the day in question he had returned home and did not find Rookmin. He made several checks but did not find her.
Later in the evening he received certain information from his brother-in-law, and the two of them armed themselves with cutlasses, and went in search of the missing woman. Sometime later they found a camp in the bushes and after ascertaining that Rakesh Rajaram was inside they rushed in.
“Rakesh jump out a hammock and pick up something. Me rush in on Rakesh and start to chop he and while I doing dat, Rakesh hold on to de cutlass. He loose de cutlass and fall. Rakesh bleed from the injuries. I ask he fuh de gun which he seh he would use to shoot me. Rookmin then take down the gun from the camp roof. She then tell me that she got two load (bullets) in her underwear and I take dem out with meh hands,” Banwarie stated.
The case for the prosecution is that on the day in question the two accused went to Rajaram’s camp in search of Rookmin Benedict. After an altercation, Rajaram was severely chopped. He was then placed on a stretcher and taken to the village landing where he was left by the two accused who fled the scene.
Rajaram was then taken by speedboat to the New Amsterdam Market Wharf and later to the New Amsterdam Hospital where he was pronounced dead on arrival.
An autopsy performed on the body by Dr Vivekanand Brijmohan gave the cause of death as shock and haemorrhage and multiple injuries.
Reports had suggested that the deceased had fled his Kortbraat home, on the East Bank of Berbice, following a default in his affiliation arrears. He relocated to Sand Hills where he started to live and work and was employed as a coal miner. He sought refuge at the home of a known family in the area and after awhile became involved with a teenage daughter of his host.
Rajaram’s involvement with the teenager angered her parents, since she was already involved with Banwarie. He was ordered to leave which he did. However he stayed in the area and constructed a shack not too far from his former host.
Sometime after it is understood that Rajaram armed with an improvised shotgun abducted the girl from her home and took her to a clump of bushes in the area.
Some time after, residents were alerted as to what transpired, and armed themselves and went in search of Rajaram. An altercation ensued, and Rajaram was seriously injured resulting in his death. The teenager was taken home, and the improvised gun and two cartridges were handed over to the village captain who is also a Rural Sergeant.
The men were subsequently arrested and charged. A Preliminary inquiry was concluded in 2010 in the New Amsterdam Magistrate’s court, presided over by Magistrate Omeyana Hamilton, in which she found that a prima facie case had been made out for the capital offence of murder.
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