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2007 bound body in septic tank…Three accused re-committed to face trial
Six years, three Magistrates and several Prosecutors later, the three men who were charged for the murder of 56-year-old Coleen Wharton- Forrester, whose body was found in a septic tank in January 2008, were once again committed to stand trial in the High Court.
The decision was yesterday handed down by Magistrate Judy Latchman, who after conducting a de novo Preliminary Inquiry (PI), deemed that a prima facie case of murder had been established against Ralph Tyndall, 27, Anthony De Paul Hope also called “Papa,” 26, and Kevin O’Neal, 26.
Anthony De Paul Hope
Previous reports indicated that in the wee hours of the morning on December 27, 2007, Forrester, who had been at her brother’s house at Lot 55 William Street, Kitty, was strangled and beaten to death with a pestle (mortar stick) by her nephew (De Paul) and his two friends who then dumped her body in the septic tank.
After neighbours noticed she was missing, they raised an alarm and her body was found by police ranks with her ankles bound and wrapped in several sheets in the septic tank on January 6, 2008.
The post mortem examination which was later conducted revealed that the woman had succumbed as a result of blunt trauma and strangulation.
Four men were initially taken into police custody. The trio was brought before the Georgetown Magistrates’ Court on January 9 and charged with murder by then Magistrate Melissa Robertson-Ogle.
The first Preliminary Inquiry (PI) was conducted before Magistrate Hazel Octive- Hamilton and the three were sent before Judge Diana Insanally who quashed the case and ordered that a new PI be conducted into Forrester’s death.
The case against the three accused was sent back to Magistrate Latchman on October 28, 2013 with a four month deadline for completion.
Consequently, on November 15, 2013, Sergeant Vishnu Hunt, attached to the Chamber of the Director of Public Prosecutions, began to present the Prosecution’s case against the three accused.
Since then, the Prosecution has managed to present a total of thirteen witnesses and was told by Magistrate Latchman that it has successfully established a prima facie case of murder against the three accused.
Notwithstanding the no case submissions made by Defence Attorneys Madan Kissoon, Duke Melville and George Thomas on behalf of Tyndall, De Paul and O’Neal respectively, the Magistrate yesterday noted that, “having considered the reply of the Prosecutor Sergeant Hunt, I find that a prima facie case of murder has been established against all three accused.”
Latchman indicated that based on the evidence, she is of the opinion that a sufficient case of murder was made out against them to stand trial for the murder of Colleen Wharton-Forrester at the next practical sitting at the High Court, Supreme Court of Judicature.
On hearing the verdict the three men gasped and Tyndall broke down in tears.
They were given the option of either testifying from the witness box, providing an unsworn statement from the prisoners’ docks or remaining silent. Two of the accused chose the latter but O’Neal addressed the court saying “I am innocent and I have nothing else to say at this time.”
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