Neesa Gopaul murder trial…Investigators told accused was found in compromising position with teen – police witness

Feb 13, 2015 News

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Assistant Superintendent of Police, (ASP) Mitchell Caesar told the court yesterday that murder accused Bibi Shareema Gopaul had told police investigators that she once caught her teenage daughter in a compromising position with her then

lover, the number one accused Jarvis Barry Small.
Caesar took to the stand after he was called upon to give evidence in the High Court trial of the two persons accused of the murder of 16-year-old Queens College student, Neesa Gopaul.
The remains of the teenager were discovered in a creek along the Soesdkye /Linden Highway, days after she went missing.
The teen’s mother Bibi and Small were subsequently arrested and charged for the murder.
The two are facing a High Court trial before Justice Navindra Singh and a mixed 12-member jury.
They are being represented by a team of lawyers; Small by Glenn Hanoman, Senior Counsel Bernard De Santos, Lyndon Amsterdam and Zanna Frank, while Gopaul is being represented by Attorney-at-Law, George Thomas.
State Prosecutors, Diana Kaulesar, Mercedes Thompson and Stacy Goodings are presenting the case.
 “I KNOW WHO KILLED NEESA GOPAUL”
In his sworn evidence yesterday, ASP Caesar recounted that in October 2010 he was part of an

investigation relative to an alleged murder committed on Neesa Gopaul.
Caesar who was at the time a subordinate officer in charge of the Criminal Investigation Department (CID) of the Alberttown Police Station said that he went to Ruimveldt Police Station, where he contacted Jarvis Small.
He said that Small related that he want to tell him something. The witness said that another police officer was also present at the time when the accused stated that “I want to tell you something, and when I finish telling you what I have to say, the investigation will turn in the correct direction”.
He said that he immediately stopped Small and cautioned him in accordance with the law.
“I told him he was not obliged to say anything but whatever he says can be put into writing and may be given as evidence in a court of law.”
The witness said that Small responded by stating that whatever he had to say he would say in the presence of his lawyer. According to Caesar, Small went on to say that he had not killed Neesa Gopaul, but when he was finished saying what he had to say, Bibi Shareema Gopaul would  be an accessory to murder.
The policeman said that he then inquired from the accused who is his lawyer. Small responded by saying that it was Mr. Bernard De Santos SC, but he did not have a number for him, and he (Small) would have to call his sister. Caesar said that he gave the accused his cell phone to call his sister.
The police officer said after talking on the phone for a few minutes, Small related that his sister would be there shortly.
Caesar said that after a few minutes, he received a call from a female claiming to be Small’s sister.
“She said that she was trying to get in contact with Mr. De Santos, but she was not getting through.”

At this stage, the witness said that Small expressed a desire to have his wife present.  However, Caesar said that Small was initially unsuccessful in his attempts. After eventually contacting his wife, the accused told investigators that she would not be coming to the station since she was advised by her attorneys not to do so.
According to Caesar, it was at this point that the accused related that he had something else to say.”I reminded him that he was still under caution,” the officer added.
Small, he said, continued by stating that “the dumbbells are mine. I brought them from Nazar Mohamed.” As a result of what was said, Caesar noted that he thereafter made an entry in the station dairy.
CAUGHT IN A COMPROMISING POSITION
The witness said that he later held an interview with the number two accused, Bibi Gopaul. In the presence of officers David, Chapman and Jessimy, Caesar said that the woman related to him that she got to know Small while attending his gym at Leonora, West Coast Demerara.   Gopaul, he said, noted that the two of them had an affair prior to the death of her husband, but sometime before, Small had asked her to transfer her property between the two of them.
The policeman said Gopaul told investigators that one night she caught Small and her daughter in a compromising position in her car and she asked them if they were in love and they said yes.
As the detective related the incidents to the court, Gopaul appeared anxious as she sat beside her co-accused in the prisoner’s dock. Small, nonetheless maintained his composure.
The investigator went on to say that Gopaul told ranks that Small and her daughter left the home that night and went to a hotel at Parika.  As a result, Caesar said that he held a confrontation with Small and Gopaul. She repeated what she had said in the presence of ranks, but Small denied everything.
“I DON’T WANT TO BE A PART…”
On October 7, Caesar said that Small’s attorney, Senior Counsel Bernard De Santos, visited the Ruimveldt Police Station and requested to speak with his client.
According to the officer, Small told his lawyer that he wanted him present ,since he wanted to tell police what he knew about the death of Neesa Gopaul.  Caesar said that De Santos responded by stating “I have given you 45 years of experience and advice. I don’t want to be a part of any conversation between you and the police.”
The witness said that the lawyer abruptly left the station, but he (Caesar) recorded the occurrence in the police station dairy.
“WE WILL HAVE TO GO THROUGH THIS TOGETHER”
Sometime after, the policeman recounted that Bibi Rehman was shown the dumbbells in the presence of her sister (Bibi Gopaul) and Small.  The witness said that Rehman identified the dumbbells as the ones she had seen at the home of her sister.  He said that the woman went on to identify the red rope that was attached to the weights. She said that she had seen it hanging from a wall at the home.
The witness said that Rehman showed him a photograph which she had taken of her niece, “Miriam” with her BlackBerry cellphone and showed him one of the pictures which depicted a piece of red rope hanging on a wall in the background, behind a small child of East Indian descent.
The detective said that Small immediately revealed that he had left the dumbbells at Gopaul’s home, but she remained silent. Caesar said that he later took steps to have the photograph printed and showed it to Gopaul in the presence of Small. She noted that the rope was left at her home.
At this stage, the officer said that Gopaul took two steps towards Small and indicated to him, holding his hands “we will have to go through this together.”
Caesar noted that at no time was any force used or inducement offered to the two accused persons for them to give information with regard to the matter.
The photograph was thereafter tendered as part of the evidence and shown to members of the jury.
UNAVAILABILITY OF FORENSIC EVIDENCE
Meanwhile, after giving his portion of evidence yesterday, Crime Scene Investigator Rawle Nedd admitted to the unavailability of forensic findings on items collected from Gopaul’s home.
Under cross examination by the defence, Nedd revealed that the findings from the items which were taken from Gopaul’s home to undergo scientific testing were unavailable.
The witness told the court that following the discovery of the body, he visited the Gopauls home with a party of other police ranks and collected items of evidential nature to undergo testing.
While giving a detailed description of the home, the witness related that he collected samples of hair and what appeared to be blood from the scene, but noted that after collecting the items, he packaged, sealed and handed them to a senior police forensic analyst.  The witness said that was the last time he saw the items. He said that he was not privy to the forensic findings.
The trial continues today.

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