“Sadam” to face new trial for killing ‘Scare them’ … Appeals Court sets aside 55½ years jail term

Jul 28, 2018 News

Murder accused Naresh Ramjohn called ‘Naresh Mahase’ and ‘Sadam’ of Stanleytown and Angoy’s Avenue, New Amsterdam, Berbice who was sentenced to 55 ½ years in jail by Justice Navendra Singh in the Berbice High Court in 2014 will have to face a judge and jury again.
This was after his conviction was set aside by the Guyana Court of Appeal following submission by Attorney-at-law Murseline Bacchus.
The Court of Appeal consisted of Chancellor Madame Justice Yonette Cummings-Edwards, and Justices of Appeal Dawn Gregory and Arif Bulkan.
Ramjohn, 39 was found guilty of murdering Anthony Samaroo, called ‘Scare Them’ 28, of Levi Dam, Angoy’s Avenue, New Amsterdam, Berbice, on July 2, 2008, at Levi Dam, Angoy’s Avenue.
Ramjohn, through his lawyer Murseline Bacchus had appealed his conviction and sentence on a number of grounds. Bacchus had quoted a number of authorities and made a number of referrals to support the appeal.
The prominent Attorney-at-law, who submitted 21 points to support his claim, contended that among other things, his client did not receive a fair trial in that inadmissible and irrelevant evidence, prejudicial to a fair trial was wrongly admitted by the learned trial judge.
He said that the trial judge permitted evidence to be led of a previous statement by witness Ryan Samaroo when such evidence was not admissible and militated against a fair trial. He contended that the judge failed to give any directions on such evidence. Another piece of evidence was the accused being in the lock-up on October 5, 2010 in connection with a Narcotics Offence to which the judge failed to give directions.
Bacchus argued that the learned judge allowed evidence that prior to when the deceased was attacked in which witness Taji Paul Samaroo was attacked and injured. He said no directions were given by the Judge on that evidence, which according to Bacchus was more prejudicial than probative.
He went on to submit that the judge failed to give proper and adequate direction on the law of contradictions and inconsistencies.
He should have directed the jury that the contradictions and inconsistencies weaken the creditability and reliability of the evidence of Taji Paul Samaroo and Ryan Samaroo.
No directions were given on the contradiction of the evidence between Taji Paul Samaroo and Ryan Samaroo when Taji Paul Samaroo said the accused and his brother came out from the bush and Ryan Samaroo said that he did not see them in any bush or coming out from any bush.
Those directions given, according to Bacchus, were too weak. The directions should have addressed the fact that the inconsistencies were made under oath and that there was a distinction between one made under oath and one not made under oath and that the ones made under oath would require caution before the evidence is accepted.
The lawyer further argued that the judge should have further directed that where a witness is shown to have made previous statements inconsistent with his evidence given at the trial, the jury should be directed that the evidence given at the trial should be regarded as unreliable.
The prosecution had stated that on the day in question, Ryan Samaroo was walking on Levi Dam, when he was confronted by the accused. Ryan did not respond but continued walking and noticed his brother Tejpaul.
After speaking for a few minutes, they looked up the street and saw Ramjohn and his two brothers ‘Joe Boy’ and ‘Baboo’ who all had implements in their hands.
The Samaroo brothers went home and told another brother Anthony Samaroo what had transpired.
The brothers left and went back to Levi Dam, where they were attacked; Ryan and Tejpaul were able to escape. Anthony Samaroo was later found lying on the ground in a pool of blood. He was taken to hospital where he was pronounced dead on arrival.
The post mortem examination gave the cause of death as shock and haemorrhage due to multiple stab wounds.
Ramjohn then disappeared from the area.
In May 2010, Ramjohn and Ryan Samaroo were arrested for separate matters and ended up in the same lock up. Ryan Sameroo used the opportunity to inform the police that Ramjohn was the person who had murdered his brother.
Ramjohn who was later charged with the capital offence.

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“Sadam” to face new trial for killing ‘Scare them’ … Appeals Court sets aside 55½ years jail term

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Follow on Tik Tok @Glennlall

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