Father, son to face third trial after hung jury

Sep 26, 2014 News

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A father and son combination on trial for a murder committed in 2002 will have to face a judge and jury for a third time. This was after a mixed jury failed to arrive at a unanimous verdict on the offence of murder.

Roy Pestano, 61, and his son Raymond Pestano, 37, of Number 41 Village, West Coast Berbice, who are accused of murdering fellow villager Davanand Ramlagan, 25, on October 19, 2002, were on trial before Justice Navindra Singh and a mixed jury in the Berbice High Court.
The killing is alleged to have been committed at the Breezy Point shop, Number 41 Village, West Coast Berbice.
At the start of the day both defence attorney Peter Hugh and State Prosecutor Renita Singh had addressed the jury. In his address, Hugh urged the jury not to believe the prosecution’s story as he drew reference to some inconsistencies. He also alluded to the fact that the prosecution’s star witness was not there and he could not be cross examined.
State Prosecutor Renita Singh in a passionate address to the jury, recounted the prosecution’s case which she said was “as clear as day”. She focused on the evidence presented and asked the jury not to have sympathy for anyone. The Prosecutor implored the jury to look at the case in its totality and said the accused were equally guilty.
“It was the father who encouraged his sons to kill, shoot up and juck up. It was the father who held the victim’s hands behind his back and then asked his sons if ‘you all give he enough.’ The sons used a knife to inflict the wounds,” the Prosecutor said.
The Judge took over an hour to sum up the evidence to the jury. He referred to the law and gave directions on how the evidence should be examined.
The jury, after being addressed by the defence, prosecution and the judge, took close to three hours before returning with their verdict.  The forewoman, when asked, stated that they were unable to arrive at a unanimous verdict of murder against Raymond Pestano, the verdict being 6-6. She also stated that they were unable to arrive at a unanimous verdict with respect to Roy Pestano Sr, the verdict also being 6-6. On both occasions he asked the forewoman if any further directions would help and the forewoman responded in the negative.
Justice Singh then told the two defendants that they will have to be remanded to prison and face a judge and jury again at the next sitting of the Berbice Criminal Court.  Roy Pestano blurted out in court, ‘I hope it gon be early this time’. Justice Singh told him he would have to get in touch with the DPP.
After the incident Roy Pestano and his sons Raymond and Roy Pestano Jr. were arrested and charged with the capital offence. They were tried earlier by Magistrate Kumar Doorsammy at the Weldaad Magistrate’s Court and the matter was discharged.
However, the men were ordered rearrested, and a new Preliminary Inquiry was held under Magistrate Roby Benn, but by then Roy Pestano Jr. had fled the jurisdiction. They were committed to stand trial in December 2011.
They were first tried in the High Court in September 2013 and the jury had failed to reach a decision.
During the trial a number of witnesses testified. Main prosecution witness Kenrick Ramlagan, brother of the deceased, was not located.  However, his testimony was tendered into evidence after a voir dire was conducted.  In his testimony, Kenrick Ramlagan had 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.  The father, 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 who sustained an injury to his throat, was picked up and rushed to the Fort Wellington Hospital, where he was pronounced dead on arrival.
Also testifying were Goel Richard Ross, a cousin of the deceased. Floyd Ross who testified as having identified the body at the post mortem examination, while Police Detective Corporals, Duke Jacques and Dharmendra Indarpaul, also took the witness stand.
The post mortem examination was conducted
by Government Pathologist, Dr. Nehaul Singh. It was concluded that there were four wounds on the body, two stabs and two slashes, while the throat was almost severed.
Both defendants also gave unsworn statements from the dock, denying that they were at the Breezy Point shop on the day in question. They also denied having anything to do with the incident and stated that they didn’t know what the witnesses were taking about.

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