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Neesa Gopaul Murder…Mom, lover to appeal conviction
Lawyers for Bibi Shareema Gopaul and Jarvis Barry Small, the couple sentenced last Thursday to a combined 202 years in prison for the murder of the former’s 16-year-old daughter, are planning to ask the appeal court to overturn the jury’s guilty verdict.
Attorney-at-Law George Thomas, who represented the woman, has signaled his intention to appeal the verdict on the grounds that the Defence’s case was not adequately put to the jury and that there were flaws on the application of circumstantial evidence.
Murdered former QC student, Neesa Gopaul
Meanwhile, Attorney-at-Law Lyndon Amsterdam, who was part of Small’s team of lawyers, will be arguing that the decision was a prejudicial one. This lawyer believes that the publicity the case garnered and pressure from civil society prevented Small from getting a fair trial.
In the closely watched case, Gopaul was sentenced to 106 years imprisonment and Small 96 years for the 2010 murder of former Queen’s College student, Neesa Gopaul.
Speaking to Kaieteur News yesterday, Amsterdam pointed out as prejudicial the decision to hold a single trial for the two accused. He believes that after the court heard the testimony of Simone De Nobrega, the Prosecution’s star witness, it would have been hard for the jury to discard her story against Small.
De Nobrega was brought to testify after reportedly having a conversation with Gopaul at the East La Penitence Police Station lockups. It was her testimony that detailed a well-orchestrated plot by the two to “get rid” of the 16-year-old.
“They (the jurors) are human beings, not computers,” Amsterdam said as he explained that the information provided was one that would have made a great impression in the minds of the jurors and unlike a hard drive, that information could not have been deleted on demand.
Commenting on the popularity of the case, Amsterdam said that there was even a mob-like atmosphere in the courthouse the day the jury was expected to return a verdict. He further noted the protest action taken where persons brandished signs such as “Justice for Neesa Gopaul”.
These elements, the lawyer believes, would have also influenced the decision that the 12-member jury took unanimously last Thursday.
Despite the fact that he is uncertain whether he will be part of the team to appeal the case, the lawyer disclosed that Small intends to take that course of action.
Small had said he was not given a fair trial, prejudicial evidence was included in the case, and the judgment was politically motivated.
Small was recorded as saying “It was more like a media trial; I believe that prejudicial material was entered into in this case. I believe the judge is unfair and more of a politician by nature. There is no evidence presented in this case that could be used against me or anybody to (convict us) for murder,” the former gym instructor had said.
Justice Singh had reportedly told Small that he has no political ambitions, but that “the case speaks for itself. The jury has (had) made a decision.”
There are reports in the media that Thomas, who represented Gopaul, would file the appeal as early as today (Monday) on the previously mentioned grounds.
Meanwhile, Gopaul had told the judge that when he directed the jury, he could have done a “little more” in her favour.
Gopaul’s attorney had requested a non-custodial sentence but Justice Singh told the woman that he could not imagine what kind of monster she could be to participate in the murder of her own child.
The jury deliberated for three hours before reaching the decision and Justice Navindra Singh’s calculation of his sentence for Gopaul was 60 years for murder, 10 years for premeditation, 10 years as Neesa Gopaul was a child, 10 years for brutality, 10 years because the girl was her daughter and she failed to protect her, and six for domestic violence.
For Small, the calculation was 60 years for murder, 10 years for premeditation, 10 years for brutality, 10 years because the younger Gopaul was a child, and six years for domestic violence.
The decomposed body of the 16-year-old was found in a suitcase in a creek along the Linden-Soesdyke Highway on October 2, 2010. Along with her remains were a passport and a bank card that bore her name. The suitcase was wrapped with a rope and dumbbells in an apparent effort to keep the body submerged.
She had been previously reported missing from her home at Leonora, West Coast Demerara since September 24, 2010.
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