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Duo in Sand Hills murder gets death sentence
After deliberating for about 90 minutes the mixed jury in the Sand Hills murder trial
Duo in Sand Hills murder sentenced to death
yesterday returned with a guilty verdict for the two accused Dave Banwarie, 32, and Elmo Benedict, 30, both of Sand Hills, Berbice River.
The men were sentenced to death by presiding Judge, Justice James Bovell-Drakes. The men were on trial for the March 1, 2008 murder of Rakesh Rajaram who was hacked to death.
Initially, the men faced a pre-trial hearing which was conducted by then Magistrate Omeyana Hamilton at the New Amsterdam Magistrate’s Court. She, at the time found that a prima facie case had been made out against them and that they were committed to stand trial at the Berbice High Court.
During the murder trial which commenced on April 5, nine prosecution witnesses testified. Among them were retired detective sergeant Charles Brown, Detective Corporals Lawrence Thomas and Dharmendra Inderpaul, Crime Scene Detective Corporal Curtis Cort and Dr. Vivekanand Brijmohan.
They had given evidence in relation to caution statements purportedly made by Banwarie and Benedict where the men admitted to committing the crime. A cutlass allegedly used during the crime, and photographs taken at the scene were also presented and tendered as evidence.
Attorney at Law Raymond Alli represented Benedict while state appointed lawyer Rabindranauth Singh appeared for Banwarie. In presenting their defence, the attorneys contended that there were several inconsistencies in the prosecution’s case and offered self-defence on the part of their clients.
Rhondel Weaver who represented the state made her submissions based mainly on the caution statements taken from the two accused. Banwarie had stated that he lived with Rookmin as ‘man and wife’. During that period, he said he became aware of a friendship between her and the deceased, who repeatedly threatened to shoot him.
On the day in question, he said he 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. Some time later, they found a camp in the bushes and after ascertaining that Rakesh Rajaram was inside they rushed in.
“Rakesh,” he said, “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 however contended 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.
When the Judge made the death penalty announcement yesterday, five of the accused family members who had been traversing ‘to and fro’ on every court date broke into tears. The accused themselves were shocked at the results of the murder matter.
It was however revealed that the lawyers would be appealing the matter. According to Benedict’s lawyer, Alli, both representatives of the accused will seek to file the appeal.
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