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Appeal filed to overturn life sentence of 19-year-old convict
By Rehanna Ramsay
An appeal has been filed to overturn the life sentence of 19 -year-old Deosaran Bisnauth.
Deosaran Bisnauth
Bisnauth, of Enmore, East Coast Demerara, was found guilty of manslaughter following a trial before Justice Navindra Singh and a mixed 12-member jury at the Georgetown High Court. The trial ended on April 18 last.
The teenager, who is nicknamed “Strokes Mouth,” was originally indicted for the murder of Robert Mangal called “Trevor.”
According to the facts of the case, the incident occurred on July 6, 2013, at Enmore, East Coast Demerara. The two people were said to have been imbibing in a shop, at the time of the altercation.
During the trial, Bisnauth was represented by Attorney- at-law Bernard De Santos (S.C).
The lawyer had petitioned the court for mercy prior to the sentence. In his plea of mitigation, De Santos had asked the court to consider his client’s age and the fact that he was just 16 years old at the time of the incident. However, when he was given a chance to respond the guilty verdict, the teenager told the Court he had nothing to say. Bisnauth was therefore sentenced to serve a term of life in prison.
Obviously upset with the court‘s ruling, Bisnauth’s relatives expressed the opinion that they were dealt a raw deal by the Court. Relatives of the 19 year- old convict turned to prominent, Attorney- at-law, Nigel Hughes, in an effort to have the sentence overturned.
An appeal was filed on Friday last.
According to information obtained by the newspaper, in addition to contending that the sentence was excessive the appeal is based on claims that the trial judge misdirected the jury on a number of matters including the law and elements of self-defense; the law on elements of provocation; on the medical evidence and he failed to put adequately the offence to the accused.
During his trial, Bisnauth had claimed that he acted in self-defence after the victim charged him with a rum bottle at the shop.
But an eyewitness account revealed that Mangal was unarmed at the time of the incident.
The account given by Karran Bharrat Chattergoon, called Manoj, stated that the victim was unarmed, but Bisnauth picked up a piece of wood and dealt the man “about three lashes across his back” after which, he (Mangal) fell, facedown to the ground.
Additionally, a medical doctor testified during the trial that he examined Robert Mangal, following the incident.
Dr. Roy Samlall said that there were signs of assault and intoxication when the victim was taken to the Georgetown Public Hospital.
Samlall said that Mangal was also unresponsive. The witness noted that upon examining the patient, he found that there was an injury to the right side of his head and swelling to his right elbow.
According to Dr Samlall, a CT scan was ordered and conducted on the victim. The scan revealed that there was bleeding in the right temporal lobe and blood clots in the brain.
The witness told the court that the injuries were considered life-threatening. As such, Mangal was placed in the High Dependency Unit (HDU), for further medical monitoring until the day he died.
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