Judge to rule on Defence no case submission

Apr 18, 2013 News

Justice Dawn Gregory is expected to rule today on a no case submission by defence Attorneys Murseline Bacchus and Perry Gosai in the Rosignol murder trial.
The trial is being conducted in the Berbice High court. On trial for murder is Ashton Lambert, 20, of McRae Street, Rosignol, West Bank Berbice. The matter is being heard by Justice Dawn Gregory and a mixed Jury.
Lambert is alleged to have killed Bharrat Thatpaul, 33, called “Sunil” a cane cutter and taxi driver of 192 Sheildstown, West Bank Berbice, on Tuesday February 22, 2011 following a misunderstanding.
When the matter continued on Tuesday the prosecution which is being led by Attorney-at-law Dionne Mc Cammon closed its case, but not before calling two more witnesses -Detective Corporal Duke Jacques and Government Forensic Pathologist Dr. Nehaul Singh.
A caution statement purportedly given by the accused was also tendered as evidence. Jacques in his evidence outlined the part he played in the investigation. He said that he visited the scene and took evidence, arrested and charged the accused. He arrived at the scene around 03:00hrs and observed the body which had a stab wound at the back.
Dr. Singh who performed the Post Mortem examination at the Georgetown Hospital stated that the cause of death was perforation on the lung and aorta due to a stab wound. He detailed the kind of injuries Thatpaul sustained. He concluded that the wound to the back was caused by a sharp pointed instrument such as a knife.
In the caution statement which was read by detective corporal Jacques, the accused stated, “I went to Rosignol Stelling and was sipping a beer when a long hair boy rush up to me and start cuss up. Ah tell he that I ain’t want no problem. Then he pick up two beer bottle and go outside and break them and come back to me with the broken bottle. So I pull out a knife from me waist and give he one jook in he back and I drop the knife and jump on me bicycle and ride home”
Earlier the judge had overruled some preliminary objections by the defence at the conclusion of a voir dire, the second in the matter.
Defence attorneys Murseline Bacchus and Perry Gosai constantly raised objections to a number of legal points, triggering legal argument in the absence of the jury. One such was done before the opening statement was read.
The defence in their no case submission had cited that there is not enough evidence for their client to answer. They stated that the evidence of the prosecution star witness was not credible and that the state has led no evidence to negate the issue of self defence raised on the prosecution case.
In her opening address prosecutor Mc Cammon had told the court that on the day in question Thatpaul, Mohammed Razack and one “Popo” were drinking at various spots on the West Coast. They eventually ended up at a Snackette on the Rosignol Stelling Road where an argument developed between Bharrat Thatpaul and another man during which time Bharrat was stabbed.
Thatpaul’s body was picked up and taken to the Fort Wellington hospital where it was pronounced dead on arrival.
The other witnesses to testify were Mohammed Razack who stated that on the day in question he and the other men started drinking since the afternoon at various spots on the West Coast Berbice until they ended up at a Snackette on the Rosignol stelling road where Thatpaul was stabbed. He testified to seeing the accused Lambert committing the act.

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Judge to rule on Defence no case submission

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Judge to rule on Defence no case submission

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