Latest update January 13th, 2025 3:10 AM
Jun 11, 2014 News
A 22-year-old labourer was yesterday remanded to prison when he appeared at the Georgetown Magistrates’ Court for allegedly shooting his reputed wife’s taxi driver.
Paul Rose of South Ruimveldt, Georgetown was accused of opening fire at the taxi driver who he was convinced was involved with the mother of his children.
The charge, which was read to Rose by Chief Magistrate Priya Sewnarine-Beharry, stated that on April 23, last, at Aubrey Barker Road, Georgetown, Rose discharged a loaded firearm at Rawle Braithwaite with intent to maim, harm, disable or disfigure him.
The charges were at first laid indictably and the accused was not required to enter a plea. However, following the granted request of Director of Public Prosecutions’ Prosecutor, Corporal Bharat Mangru, for the Administration of Justice Act (AJA) to be applied to the charges, Rose pleaded not guilty and submitted a bail application through his lawyer, Peter Hugh.
Mangru explained that the victim is a part-time taxi driver and the defendant’s ‘child mother’ would utilize his services. He said that the day before the incident, the woman requested that he drop her off at a location and he did. Rose reportedly saw the woman coming out of the vehicle and the accused hit the door. The two men had an argument, but Rose had walked off.
The next day, Braithwaite was sitting at the entrance of Festival City when he was approached by Rose.
The Prosecutor reported that during the confrontation the accused pulled a gun from his pants waist and fired shots at the victim, hitting him in the buttocks. The matter was reported and subsequent investigations eventually led to Rose being arrested and charged.
Mangru reported that police ranks had made attempts to have Rose arrested but he managed to evade them twice.
In submitting his bail objections, Mangru opined that since the two men are known to each other there is a likelihood that the accused would tamper with the witness.
The Prosecution’s objections, however, were met with arguments from the defence counsel.
Hugh said that his client, a labourer in the interior, has two children and has never been charged or convicted by any court of law.
The police, he said, had held his client in custody since Friday, but had failed to present him to the court to be formally charged before the passing of the allowed 72 hours.
The lawyer argued that the incident occurred on April 23, last, and Rose had not had any other incidents with Braithwaite, so “it was unlikely that if granted bail my client will attempt to interfere with him.”
“If they were to swab his hands for gunshot residue, nothing will be found, yet they placed him in custody for this offence.”
Continuing, the lawyer lamented that the police have been dealing with his client in a prejudicial manner, since he was in custody beyond the constitutional time and his relatives were informed that he will be charged at the Providence Magistrate’s Court.
Corporal Mangru, however, sprang to his feet and stated that when the accused saw the police ranks, he climbed on the rooftop “which is not something that a normal person would do.”
Hugh, in response, said “Your worship, the ranks drew a weapon on him and his mother had to throw herself to shelter him. Otherwise he may have been in the papers for a different reason.”
Responding, the Chief Magistrate remanded him to prison, and she ordered the Prosecution to file statements. The case was then transferred to Magistrate Judy Latchman.
Before Magistrate Latchman, Police Prosecutor Inspector Joel Ricknauth stated that the file was incomplete and the defence attorney renewed his bail application.
“Madam, my client has no other matter pending and it would be unfair for bail to be refused to my client on the grounds of ‘file incomplete’ and ‘need to send for advice’.”
He stated that his client would be willing to abide by any conditions deemed necessary by the court for bail.
The Prosecution, however, asked the Magistrate to consider that the two men are known to each other and this was reportedly the second time Braithwaite was attacked by the accused. Ricknauth requested two weeks for a report.
Magistrate Latchman stated that she had considered the submissions of the Prosecution and the defence as well as the seriousness of the offence and would deny the accused bail. He was further remanded and the case will be called again on June 20.
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