PI into Berbice businessman murder

Nov 10, 2017 Court Stories, Features / Columnists, News

—-Three committed to High Court for Crabwood Creek murder

Three men were committed to stand trial at the Berbice High Court for murder, yesterday, after Magistrate Rabindranauth Singh overruled a no- case submission presented by Attorney-at-law, Chandra Sohan, in relation to the unlawful killing of Crabwood Creek businessman, Shameer Ali Mursalin.
Mursalin, called “Kazo.” a trader, of Grant 1805 Weld Tank Dam, Crabwood Creek, Corentyne, Berbice, was fatally shot following a longstanding dispute with another trader, on October 24, 2015.
The said trader was later identified as Dennis Veerasammy called “Diggles.”
Veerasammy and his accomplices, Basheer Harrinauth and Delroy Fraser, are currently charged for the murder.
Yesterday, the men were committed to stand trial at the Berbice High Court at the next practical sitting of the criminal assizes after Magistrate Singh ruled that sufficient evidence had been made out against them in relation to the charge.
In his ruling, the Magistrate noted that a Prima Facie case had been made out against the three accused.
The Magistrate afterwards allowed the men to address the court.
Alluding to Section 65 of the Criminal Law Procedure Act, the Magistrate cautioned the three accused as they stood individually in the prisoners’ dock at the Springlands Magistrate’s Court.
“You are not obliged to say anything, unless you wish to do so but anything you say will be taken in writing and can be used as evidence against you in your trial.”
Veerasammy, Harrinauth and Fraser each stood and pleaded their innocence. “I am innocent, sir. I know nothing about this matter,” the men stated.
The three accused later told the court that they had no other witnesses to call in their defence.
In light of those circumstances, Magistrate Singh announced that the matter was laid over to the High Court for trial.
The three accused were therefore released into the custody of police ranks to be transported back to the New Amsterdam Prison where they are expected to remain until such time.
As they exited the courthouse, the men vented their anger; hurling insults at bystanders and threatening witnesses involved in the matter.
The ruckus caused several ranks to intervene — armed with shotguns and rifles the officers stood strategically around the courtyard as the men were escorted out of the compound.
Meanwhile, relatives of the deceased expressed their satisfaction at the outcome of the case.
The victim’s sister, Hallimoon Lalman, noted that she is thankful that the matter which was before the Magistrate’s Court for the past two years is finally coming to an end.
“All Glory to the Lord Jesus for this favourable outcome and a special thanks to Kaieteur News Publisher, Glen Lall, for sending a reporter to ensure that justice prevailed, “she said.
The matter caught the attention of the media several months ago after allegations of misconduct surfaced against Magistrate Singh.
It was reported that during the Preliminary Inquiry, (PI) into the murder, Singh adjourned the case without allowing the main witness in the trial to review and sign his deposition. Those close to the investigation viewed the act as a deliberate ploy to sabotage the case.
But Magistrate Singh had defended his actions. Quoting sections of the law, Singh claimed that he was within his rights to do so.
According to Magistrate Singh, the law does not specify a time limit by which depositions are signed.
“It could be signed at any time before the accused are called to lead their defence,” Singh explained.
“I do that all the time. There is nothing wrong with it,” he said.
However, a number of lawyers and judicial officials who commented on the issue were in agreement that the Magistrate erred. The officials noted that although the law does not state a specified time, it is considered good practice, because of the legal pitfalls, for the evidence to be read over and signed by the witness as soon as possible.
“If something should happen to the witness, the uncertified information is not valid. Furthermore, if there is a lapse of time in certifying the record, it can be problematic and eventually be discredited.”
Magistrate Singh appeared to later backpedal on his position allowing witnesses in the matter to sign their statements immediately after giving evidence.
Singh, who presides over the Springlands Magistrate’s Court, has since come under investigation by the Judicial Service Commission, (JSC) for his conduct and handling of cases.