Mocha 9-year-old rape/murder ...Witness affirms statement by accused admitted

Mocha 9-year-old rape/murder …Witness affirms statement by accused admitted

May 03, 2014 News

Businessman, Peter Leon Willems, yesterday, testified to witnessing the statement procured from Jevon Wharton, the number two accused implicated in the rape and murder of nine-year-old Sade Stoby.
Wharton, 23, and Charles Cush, 21, are on trial at the High Court for the rape/murder which occurred some time between November 2 and November 5, 2007. They are being represented by Attorneys at Law Raymond Alli and George Thomas, respectively.
At the beginning of the case, the court heard a detailed and gruesome report of how the body of a little girl, who had gone missing for three days, was discovered near a ditch a short distance from her Barnwell North, Mocha Arcadia, East Bank Demerara home.
When the child was found, the evidence suggested that she had been raped and murdered. A medical report indicated that Stoby had haemorrhaged from her head and chest.
Willems said that he was summoned to Brickdam Police Station on the night of November 5, 2007 by the Police Commander.
The businessman said that he was involved in the process of procuring the statement from the then 16-year-old Wharton. He explained that looked on as Assistant Superintendant, (ASP) Elston Baird procured the statement from Wharton.
“Jevon was cautioned before he gave the statements; he was told that he has the rights to remain silent and so forth…I checked and inquired whether the accused was mistreated or forced in any way to give the statement
“After he had finished giving his statement, I was given the statement to check. I read it and signed it. Jevon was shown the statement, which he read and signed. I signed to the statement several times and so did Jevon,” Willems said, pointing out the number one accused to the court.
“He is sitting there in the yellow shirt.”
Under examination by State Prosecutor, Judith Gildharie Mursalin the witness maintained that the accused was never forced, induced or in any or made to sign the statement. He didn’t show any reluctance at all.
Asked whether any black plastic bag was placed over boy’s head or did he mention being beaten on his penis. The witness replied, “No we didn’t discuss his penis at all.”
The witness was then shown the statement, which he identified by his signature and contents.
Willems said that he subsequently gave a statement to another policeman stating his involvement in procuring the Caution Statement.
Under cross-examination by Defense Counsel Alli, the witness was asked whether he and the policemen involved in the investigation were friends.
Willems claimed that he was not friends of the police but he only knew the Commander as he was part of the Impact Committee group for the force.
“I was considered a person of integrity and my service was requested by police. He however noted that the accused never asked for him to be present, while giving his statement.”
When the statement was re-read to him, the Attorney asked the witness whether he could recall the words Judges Rules.
Willems replied in the negative. “I don’t recall whether the police took the statement verbatim or what that meant. I was told that is just something used during the proceeding… just a police jargon. It did not seem to have any real bearing.”
In response to questions from the jurors as to whether the police had requested a neutral person to witness, procurement of the (CS) from the accused, the witness replied in the negative.

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Mocha 9-year-old rape/murder …Witness affirms statement by accused admitted

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