Latest update November 21st, 2024 1:00 AM
Mar 15, 2018 News
– claims it was cold tablets
By Feona Morrison
“I love my children very much,” Hofosawa Rutherford said to the court yesterday in an unsworn testimony when she was called on to lead a defence in her trial for allegedly killing her children – 16 month-old Jabarie Cadogan Jr. and four year-old Odaceia Cadogan – who according to Pathologist Dr. Nehaul Singh, died of pesticide poisoning.
Through the Pathologist, the court heard that the pesticide given to the children is called aluminum phosphide, a highly toxic substance.
Dr. Singh revealed that during the autopsy on the children a strong stench emanated from their stomachs. He said that the poisonous substance led to the children’s major organs being congested with blood. But Rutherford, 25, formerly of Supply, Mahaicony, East Coast Demerara, has since denied giving her children a pesticide, commonly referred to as “carbon tablet” to ingest.
In fact, Rutherford, who wept uncontrollably, told the court that she is traumatized by the death of her children, both of whom she gave tablets to treat their cold. According to the woman, she was treated unfairly by police ranks, since they all presumed that she had indeed poisoned the children.
The accused, who stood in the prisoner’s dock, broke down in tears at the start of her testimony. Her situation was so bad that persons seated in the court could not have understood what she was trying to say. Rutherford was warned by trial Judge Navindra Singh to maintain her composure. She eventually did, and was permitted by the court to restart her evidence. Thereafter, she had no similar breakdowns.
Yesterday, Police Detective Lawrence Thomas said that Rutherford, in a caution statement, had told him she travelled to Georgetown on the day in question and bought three grayish tablets for cold from a man who was selling at the Plaisance bus park. Rutherford told the detective that she stopped at her aunt’s residence and picked up her children before going home, where she gave half of a tablet to each of her children before ingesting the remaining two.
On Monday, Rutherford was indicted on two counts of manslaughter, whereby it is alleged that on March 27, 2014 at the above mentioned address, she unlawfully killed the two children.
Rutherford who is being represented by Attorney-at-Law Adrian Thompson has pleaded not guilty to both charges. Presenting the state’s case are Prosecutors Tiffini Lyken, Abigail Gibbs and Shawnette Austin.
The state is contending that on the day in question, Rutherford killed her children by giving them a poisonous substance to ingest. Jabarie Cadogan Jr. died while receiving treatment at the Mahaicony Cottage Hospital.
His sister later succumbed at the Georgetown Public Hospital.
The children’s father, Jabarie Cadogan, also testified yesterday via Skype from Brooklyn, New York, where he had migrated to from Guyana in March 2012. The man, who appeared very emotional, said that he and Rutherford had shared a relationship which produced the two children.
He said that before and after he migrated, he continued to support his children on a monthly bases by sending money via Western Union to their mother and sending home barrels with clothing and foodstuff.
The witness said that even after his relationship with Rutherford ended in November 2013, he continued to support the minor children. According to Mr. Cadogan, sometime in December 2013, Rutherford called him and told him that she and her new partner were having problems and that she had reported the matter to the police.
Recalling March 27, 2014, Mr. Cadogan said that around 06:15hrs he received a text message from Rutherford who had wanted him to call her, but according to the witness, at the time, he informed her that he had no credit in his phone. He said that later that evening he received a call from Monica Sealey, Rutherford’s sister, who told him something.
He said that as a result of what he was told, he travelled to Guyana on March 29, 2014. He recounted that on March 31, 2014 he was at the Georgetown Public Hospital Mortuary where he identified the remains of his children.
Questioned by Prosecutor Lyken as to whether Rutherford would inform him whenever the children had a cold, Mr. Cadogan replied in the affirmative and said that she would normally gave them cough syrup.
He said that he was not aware of Rutherford administering tablets to the children whenever they had a cold.
However, he disclosed that on March 27, 2014 Rutherford never informed that his children were suffering from cold.
During cross examination by Thompson, Mr. Cadogan was asked if he was aware of his son being ill with asthma. The witness said “yes” and agreed with counsel that his son was hospitalized with the illness at birth.
Both the defence and prosecution made closing arguments yesterday.
In her arguments, Prosecutor Lyken argued that it is unlikely for a person to buy cold tablets from a man selling on the streets at the bus park. Lyken insisted that it was Rutherford who gave the children the deadly poison, and it was as a result of problems she was experiencing at the time. To support her argument, Lyken pointed out that on more than one occasion, after her children died, Rutherford told detectives that she was experiencing problems.
The prosecutor contended that of the many persons on earth, Rutherford was supposed to be the one to love her children, but instead failed. On the other hand, Thompson insisted that his client had given the children tablets for cold. He further asked the jury to acquit his client of the charges since the prosecution produced no evidence to support that Rutherford had given the children rat poison tablets to drink.
But the prosecution maintained that it was the mother who gave the children the poison.
Recapping the evidence for the State, Lyken said that the woman’s sister Monica Sealey had testified that she overheard Rutherford telling the children to “come and drink tablet.” According to Lyken, Sealey testified that she also overheard her sister telling her niece, Odaceia “Why is it you can’t drink something when I gave you. And your brother (Jabarie) who smaller than you done drink it already.”
Justice Singh will summate the evidence in the trial this morning.
Thereafter, the jurors will be sent for deliberation on a verdict.
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