Murder accused to face High Court trial

Oct 01, 2014 News

Kurt Clarke, the 34-year-old accused of stabbing a patron to death for using a gay slur against him, has once again been ordered to stand High Court trial on a murder charge.

Dead: Jamal ‘Gaga’ Fernandes

Clarke was, for the second time, before Chief Magistrate Priya Sewnarine-Beharry at the Georgetown Magistrates’ Court on the indictable charge. He is charged with killing Jamal ‘Gaga’ Fernandes on the morning of September 4, 2013, outside of Baroombar on North Road, Lacytown.
According to reports, about 03:20 hours, Fernandes was standing outside the club with two female acquaintances. The accused reportedly referred to one of the women as “sexy,” and Fernandes, who became annoyed, allegedly told the defendant that he (Clarke) is an “anti-man”.
Clarke, who is said to have become annoyed by the remark, allegedly got out of his car, armed himself with a knife and stabbed the victim five times in his chest. Fernandes died on his way to the Georgetown Public Hospital Corporation (GPHC).
Two days following the incident, Clarke appeared at the Georgetown Magistrates’ Court to face the murder charge and he has been held in custody ever since.
The first Preliminary Inquiry (PI) was conducted before the Chief Magistrate last year and she had on December 23, last, committed him to stand trial in the High Court. The case was, however, ordered to be reopened by the Director of Public Prosecutions (DPP) and a second PI was conducted.
During this PI, one new witness was brought before the courts to testify on behalf of the state, in addition to the witnesses from the previous PI.
Following testimonies of all witnesses, the Prosecution spearheaded by Inspector Michael Grant moved to close its case against the accused while Defence Attorney, Peter Hugh, argued that no case had been made out against his client.
The Chief Magistrate ruled yesterday that a prima facie case of murder had been made out against Clarke and offered him a chance to address the Court.
“I am innocent of this charge, your Honour. I will reserve my witnesses for High Court,” the accused said.
The Chief Magistrate indicated that based on the evidence she is of the opinion that a sufficient case of murder was made out against Clarke to stand trial for Fernandes’s murder. The date of the trial is yet to be fixed.