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Former cop walks free on perjury charge
Bharrat Shatterpaul
Former Police Constable Bharrat Shattapaul, 29, of Lot 47 Princeton, Corriverton, who was dismissed from the Guyana Police Force after being charged with possession of narcotics and was subsequently charged with perjury, has been freed of that charge.
Shatterpaul was charged with perjury after he repeatedly changed his story whilst giving evidence during that trial which was held before Magistrate Rhondell Weaver.
The matter came up before Magistrate Alex Moore in the Fort Wellington Magistrate’s Court. Shatterpaul was represented by prominent attorney-at-law Mursalene Bacchus.
Shatterpaul, who was the prosecution star witness during that trial, was reprimanded by the Magistrate in open court. This was after he gave a statement, but subsequently changed his story during his evidence in chief and the cross examination process.
His indiscretion had caused the two accused to be set free although they were reportedly caught red- handed.
The magistrate in her remarks had stated that the Prosecution failed miserably to establish its case “all because Constable Shatterpaul deliberately and blatantly gave false evidence under oath.”
“The witness deliberately omitted to give certain evidence in exam-in-chief; deliberately failed to carry out a proper investigation and deliberately did not present a proper case to the Court.
The witness stated that he was guided to write his statement.
The witness from his testimony was guided to do more than just write the statement. In fact it was clear from his testimony that he was guided on how to give his evidence and how to answer certain questions under cross examination.
The witness stated that he was guided to write his statement and that was done to frame the defendants for trafficking in narcotics.
The way the question was asked; the demeanour of the witness and the answer given, it was clear that the witness deliberately answered the question in the affirmative.
The witness Shatterpaul deliberately changed his story under cross examination and from his demeanour planned to give inconsistent evidence.
The Court observed that the witness clearly gave false testimony; blatantly and deliberately gave evidence which tainted the prosecution’s case.
He deliberately omitted to give certain crucial important evidence.
The Prosecution failed miserably all because the witness deliberately and blatantly gave false evidence, made a 360 degree switch under cross examination, changing his story. His evidence fell short of being credible and reliable
A report was submitted on the constable’s behaviour and a file was submitted for advice. It was subsequently advised that he be charged with perjury.
Attorney at law Bacchus submitted a no case submission, stating that there was no case for his client to answer.
Bacchus submitted that for the case of perjury to occur it must be established that it was a willful act. He contended that the evidence that was given expressed an opinion which was subjected to cross examination.
After listening to the arguments Magistrate Moore concurred with the defence that a case for perjury was not established and it was an opinion that was expressed.
Magistrate Weaver appeared as a witness in the case.
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