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Nine-year-old rape/murder trial … Attorneys representing accused present no-case submissions

May 08, 2014 News

Justice Navindra Singh is expected to rule on no-case submissions (arguments that the court has no case against their clients) presented by Attorneys-at-law Raymond Alli and George Thomas, who are representing the two persons accused of the rape and murder of nine-year-old, Sade Stoby.
The accused, Charles Cush, 21, and Jevon Wharton, 23, are on trial for the crime which took place sometime between November 2 and November 5, 2007.
At the opening of the case State Prosecutor, Judith Gildharie Mursalin had detailed that on November 5, 2007, the nine-year-old 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.
The evidence suggested that the girl had been raped and murdered. After the discovery was made, the child’s alleged killers were identified as Wharton and Cush, two teenagers who lived in her village.
Yesterday, Prosecutor Mursalin closed her case after calling her final witness, Wendella Knights to the stand. Knights is the aunt of Cush, the number two accused. She told the court that she was present when a police officer procured the caution statement from her nephew.
The witness told the court that no force or inducement was meted out to her nephew, who was fourteen years old, after he was arrested for the rape and murder.
After the Prosecution closed its case, the defense opted to make no-case submissions in the absence of the Jury.  Prosecutor Mursalin opposed the no-case submissions and Justice Singh is expected to make his ruling today.
On Tuesday, General Practitioner Dr. Mohan Persaud read out his finding in relation to medical examinations which he had conducted on Cush and Wharton after they were arrested for their alleged involvement in the rape and murder of Stoby.
Persaud told the court that he found lacerations and abrasions on the private areas of the two boys which suggested their involvement in sexual intercourse, “particularly in a forceful manner”. “The examination conducted on the uncircumcised penis of Jevon Wharton revealed lacerations to the head and lower aspects of the penis …abrasions to the head and shaft of the penis…”
Dr. Persaud further revealed that Cush bore similar marks on his genitals.  He was examined in the presence of his Aunt Wendella Knights and Police Corporal Royston Blair.
“The medical examination conducted on the body of Charles Cush revealed an abrasion to the left shoulder and multiple abrasions and lacerations on the penis area which suggests involvement in a forceful sexual exercise.”
However, the doctor noted that the injuries could have been caused by frequent masturbation, or due to a Sexually Transmitted Infection (STI), or yeast infection.”
Government Pathologist Dr Nehaul Singh also presented his evidence to the court. The Pathologist detailed that the child had died due to asphyxiation from submersion (drowning) compounded by blunt trauma.
The body of Sade Stoby was bloated, her eyes bulging and the hands and feet were wrinkled, which suggests that she was submerged in water for some time. There was also evidence of haemorrhage from the head and neck. There was thick black mud in the trachea (wind pipe) which suggests breathing while under water. There was bruising on both sides of the vagina and the hymen was ruptured which suggests forced entry or forceful sexual activity just before the time of death. Her intestines were also protruding…. which could suggest possible sexual activity,” Dr Singh explained.

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