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Judge admits absent star witness’ evidence
… as father and son Breezy Point 2002 murder trial continues
The father and son being tried for a murder that occurred in 2002 on West Coast
Roy Pestano Snr. and his son, Raymond Pestano
Berbice are expected to know their fate today when the matter continues in the Berbice High Court. On trial are the father, Roy Pestano Snr. and his son, Raymond Pestano, of No 41 Village, West Coast Berbice, they are facing a retrial before Justice Navendra Singh and a mixed jury in the Berbice High Court for the murder of fellow villager Davanand Ramlagan who was 25 at the time. The killing occurred on October 19, 2002. The incident is alleged to have been committed at the Breezy Point shop, Number 41Village, West Coast Berbice.
The men were tried before in 2013 when the case ended in a hung jury.
The matter was stalled for just over a week after the prosecution had reported that it could not find the prosecution star witness, Kenrick Ramlagan, the brother of the deceased. The prosecution was given time to locate the witness, but failed to do so.
The matter was called again and Prosecutor Retina Singh applied to the court to have the statements of Kenrick Ramlagan admitted into evidence. However, defence attorney Peter Hugh objected and a voir dire was held. After hearing arguments from both sides the judge ruled that the evidence of Kenrick Ramlagan could be accepted. The evidence was then read to the court by a clerk.
Kenrick Ramlagan stated that after he was assaulted by the accused, he ran away. He then saw the car following him. He met his brother who was on the road and saw when the men ran the car on him. He escaped into his uncle’s yard and saw when the men attacked his brother.
Roy Pestano, he said, held his brother’s hand behind his back while the two sons stabbed him, returned to their car and drove away. The injured man was picked up and rushed to the Fort Wellington Hospital, where he was pronounced dead on arrival.
Goel Richard Ross, a cousin of the deceased, in his testimony said, that on the night in question he was eating a box of food outside the shop when the car pulled up with Roy Pestano Snr, and his two sons Roy Pestano Jnr., and Raymond. The men came out of the car and Roy Jnr. went up to Kenrick Ramlagan and started beating him. Ramlaghan managed to escape.
Wheel chair bound Floyd Ross testified to identifying the body at the post mortem examination.
Detective Corporal Juke Jacques testified that he witnessed the Post Mortem and burial of the deceased. Detective Corporal Dharmendra Indarpaul testified to taking pictures of the murder scene and to visiting the home of the accused where he arrested them.
The post mortem examination was conducted by
Government Pathologist, Dr. Nehaul Singh. It was concluded that there were four wounds on the body, two stabbing and two slashing while the throat was almost severed.
Prosecutor Renita Singh in her opening address recounted the October 19, 2002 incident, in which she stated that around 21.30 pm, the deceased
brother Kenrick Ramlagan and his cousin Goel Ross were at the Breezy Point shop in the said village, when the two accused along with another
person drove up in a white car.
An altercation took place and Davanand Ramlagan was injured and was left lying in a pool of blood.
Ramlagan who sustained injuries to various parts of his body, including one to his throat, was picked up and rushed to the Fort Wellington Hospital, where he was pronounced dead on arrival.
Following investigations, Roy Pestano and his son
Raymond were arrested and charged with the capital offence.
Dr. Nehaul Singh was unable to be in court, however, the state close its case with the finding of the postmortem report being presented.
Both defendants also gave unsworn statements from the dock denying that they were at Breezy Point on the day. They are also denying having anything to do with the incident.
Both the defence and prosecution are expected to present their cases to the judge and jury. Justice Singh is then expected to sum up the case to the jury before they retire.
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