2002 ‘Breezy Point’ murder…Father, son to face judge and jury again

Sep 13, 2013 News

A father and son combination who were on trial for a murder committed in 2002 will have to face a judge and jury again.
This was after a mixed jury panel failed yesterday to arrive at a unanimous verdict on the offence of murder against Roy Pestano Sr., 60, and his son Raymond Pestano, 36, of Number 41 Village, West Coast Berbice. The two men are accused of killing fellow villager Davanand Ramlagan, 25, on October 19, 2002.
The men were on trial before Justice Navindra Singh and a mixed Jury in the Berbice High Court.
The incident is alleged to have been committed at the Breezy Point shop, Number 41 Village, West Coast Berbice.
The jury retired around 14:30 hrs after deliberating for more than three and a half hours. The forewoman, when asked, stated that they were unable to arrive at a unanimous verdict of murder against Raymond Pestano – the verdict being 10-2.
She also stated that they were unable to arrive at a unanimous verdict with respect to Roy Pestano. That verdict was 9-3.
As such, Justice Singh told the two defendants that they will have to be remanded to prison and face a judge and jury again at the next sitting of the Berbice Criminal assizes.
Earlier, defence attorney Senior Counsel, Bernard De Santos and state prosecutor, Judith Gildharie-Mursalin had addressed the jury.
In his address, Senior Counsel De Santos urged the jury not to believe the prosecution’s story and drew reference to some inconsistencies in their case.
The state prosecutor in a passionate address to the jury, recounted the prosecution’s case, which she said was “as clear as day”. She focused on the evidence presented and asked the jury not to draw sympathy for anyone. The Prosecutor implored the jury to look at the case in totality and mentioned that the accused were equally guilty.
“It was the father who encouraged his sons to kill, shoot up and jook up. It was the father who held the deceased’s hands behind his back and then asked his sons if ‘y’all give he enough.”
In her opening address, Prosecutor Judith Mursalin had recounted the October 19, 2002 incident in which she had stated that around 21.30 hrs, Kenrick Ramlagan and his cousin Joel Ross were at the Breezy Point shop in No.41 village when the two accused drove up in a white car with Roy Pestano Jr. An altercation took place and Davanand Ramlagan was injured and left lying in a pool of blood.
Following investigations, Roy Pestano Sr and his sons Raymond and Roy jr. were arrested and charged with the capital offence. They were tried earlier by Magistrate Kumar Doorsammy at the Weldaad Magistrate’s Court and the matter was discharged.
However the men were ordered rearrested, and a new Preliminary Inquiry was held under Magistrate Roby Benn, but by then Roy Pestano Jr had fled the jurisdiction. They were committed to stand trial in December 2011.
During the trial, a number of witnesses were called including Joel Richard Ross, a cousin of the deceased.
Also giving evidence were police Detective corporals Juke Jacques and Dharmendra Indarpaul .
Government Pathologist, Dr Nehaul Singh who did the post mortem stated that there were four wounds on the body, – two stabbing and two slashing. The throat was almost severed.
Defence attorney De Santos had made no case submissions which were overruled by Justice Singh who called on the two accused to lead a defence.
The men had given unsworn statements from the dock in which they denied injuring Ramlagan. They said they were on speaking terms with the accused and had had no reason to injure him. They also denied that they were in any white car at Breezy Point on the night in question.

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2002 ‘Breezy Point’ murder…Father, son to face judge and jury again

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2002 ‘Breezy Point’ murder…Father, son to face judge and jury again

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