Convicted men in Williamsburg Mandir murder file appeal

Dec 30, 2018 News

The two men who were found guilty of murdering a watchman in a Mandir back in 2013 and sentenced to life in jail. have appealed their convictions.
The men are Shivnarine Jainarine, called ‘Sammy’, or Samuel, 24, of Train Line Dam, Port Mourant Corentyne; and Ryan Persaud, called ‘K.K’, 23, of Rose Hall Town, Corentyne, Berbice.
They were accused of murdering security guard, Jagdat Ramcharran, called “Ronald”, 61, a father of two of Bloomfield, Corentyne, Berbice, between January 6, and January 7, 2013. The man’s body was found bound and gagged at the Iskcon Hari Krishna Mandir at Block 6 Williamsburg, Corentyne, Berbice.
They were found guilty of murder before Justice Priya Sewnarine-Beharry and a mixed jury in the Berbice High Court. They are to serve 45 years before being eligible for payroll.
Attorney Mursalene Bacchus represented Jainarine while attorney at Law Arudranauth Gossai appeared for Persaud. The Prosecutor was Attorney at Law Mandel Moore.
Another man, Kevin Hintzen, called ‘Ratty’, 23, of Rose Hall Town, Corentyne; Berbice had earlier this year pleaded guilty to the crime and was sentenced to 20 years in jail on the lesser count of Manslaughter.
The two attorneys have put forward a number of grounds of appeal including. They contend that the Trial Judge erred in law when she admitted the statement dated the 16th May, 2013 purportedly given by the Appellants into evidence.
The Judge further erred in law when she ruled that the said statement properly formed part of the evidence and was thus admissible and when there was no positive finding by the Magistrate as to voluntariness, the lawyers are contending.
They are also contending that the Judge erred in law when she rejected the “no case” submissions both at the end of the prosecution’s case and at the end of the evidence. They stated that the Judge erred in law when she failed to record the evidence in her own handwriting.
Another point of contention was that the summing up was un-balanced in favour of the prosecution.
They attorneys are also stating that the Judge erred in law in ruling that the felony- murder rule apply when the alleged felony was not intrinsically associated with violence- the prosecution’s case being of that there was a break-in of a temple and burglary of a dwelling house.
No dwelling house was burglarised.

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