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DPP has power to reopen Kirk Davis’s murder PI – Crime Chief
– says very little police could do without an arrest warrant
The power resides in Director of Public Prosecutor, Ms. Shalimar Ali-Hack, to order that the Rondy Jagdeo murder trial be reopened, according to Crime Chief Seelall Persaud.
Businessman Rondy Jagdeo walked out of the Georgetown Court a free man, on Thursday after Chief Magistrate Priya Beharry was forced to discharge the matter due to the witnesses not turning up.
Deputy Police Commissioner Crime Chief Seelall Persaud
Persaud explained to Kaieteur News yesterday, that in this instance the “key” witness, a civilian failed to turn up on several appearances. He said that civilian witnesses have a “moral obligation” to come to court and give evidence.
He added that there’s little that the police force could do, unless the court through the magistrate, issues an arrest warrant for that witness. “That witness would be arrested and held until the matter is completed,” Seelall said.
Questioned further about the possibility of the case reopening, Seelall said that it’s the Director of Public Prosecutions who decides on reopening the matter. The prosecutor in the matter would prepare a report which would be forwarded to the DPP.
“The DPP can cause action to be taken; the DPP can instruct the Magistrate to reopen the inquiry,” Persaud said. When asked if he believes such a move should be taken in connection with the biker murder case, he said “I would not want to give opinion; the DPP is the competent person and will take action as necessary”.
Jagdeo was accused of killing his friend 28-year-old popular biker, Kirk Davis, on September 3, last year.
After spending almost two months on the run, Jagdeo surrendered to police custody and was then brought before the courts to be arraigned for murder. He appeared before Chief Magistrate Priya Sewnarine-Beharry on October 30, last.
On February 5, the Preliminary Inquiry (PI) got underway before the said Magistrate. The businessman was represented by Attorneys Mark Waldron and Roger Yearwood. Police Prosecutor Corporal Bharat Mangru, represented the state.
The pre-trial matter engaged the attention of the court for a little over one month and some seven witnesses were called to take the stand on behalf of the Prosecution.
The prosecution was ordered to close its case after failing on three occasions to produce its two remaining civilian witnesses to the court.
The girlfriend of the deceased, Naliffa Dookie, and the only eyewitness, Rondell Marks, also known as “Barber” were absent, despite being summoned by the court and radio messages being sent demanding their attendance.
After the Prosecution closed its case, Yearwood stood on behalf of the accused and made his no-case submission.
The lawyer had urged the court to affirm that the Prosecution had failed to prove the elements of the offence. He admitted that the Prosecution had established that Davis died ‘within a year and a day’ as a result of gunshots received.
Yearwood insisted, however, that the Prosecution did not prove who inflicted the injuries. Jagdeo was subsequently released.
( Latoya Giles)
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