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High Court judge quashes committal order…woman walks free of murder charge
Nazeema Permaul, her husband Oliver Permaul, a barber of Lot 100 Tain Settlement, Andre James and Rohan Johnson were committed to stand trial in the Berbice High Court on a charge of murder.
The matter was heard before Justice Simone Morris-Ramlall in the Civil Jurisdiction of the Berbice High Court.
They were accused of murdering Leelawattie Mohamed a domestic worker of Tain on the evening of February 7, 2017. Three men, clad in black and one armed with a loaded gun, stormed the home of Mohamed before shooting her dead at close range.
Following her committal Nazeema Permaul, through her attorney at law Murseline Bacchus applied to the High Court to have her committal quashed and for her to be released from jail immediately.
The action was filed against the Director of Public Prosecutions, the Police and the Director of Prisons.
Bacchus quoted a number of authorities both local and overseas and cited a number of deficiencies in the prosecution case.
He cited the High Court jurisdiction to quash a committal by way of certiorari. “I remind you that you are a judge of a Superior Court vested with authority over inferior Courts”.
He argued that the Magistrate did not hold a usual Preliminary Inquiry. Instead there was a paper committal.
Out-of –Court assertions of a co-accused is not evidence and cannot be used against another co-accused, he argued.
There was no evidence –direct or circumstantial–upon which his client could have been lawfully committed, Bacchus said.
He noted that according to law the function of the committing Magistrate was to ensure that no one should be sent to trial unless a prima facie case is made out. Suspicion, cannot found a prima case.
Even if there is an admission, that the applicant gave money to Waterman, there is no evidence that money was given to Waterman to be given to Andy as payment to carry out the murder of Mohamed.
Bacchus cited the prosecution evidence in which it was stated that James said something to the effect that the applicant was enquiring why the lady was not dead, yet.
“This cannot be used as evidence against his client for the simple reason that the applicant was not present when James made that statement. The fact that the applicant said, “I have nothing to say” does not amount to an admission.
Since two Permauls (husband and wife) are charged and were in police custody there is no evidence that the “Permaul” in whose presence James repeated a story was the applicant.
For the Magistrate to have lawfully committed the applicant she had to use the statements tendered by the prosecution and nothing more.
Alleged mastermind, Indira Outar, a businesswoman was also charged, but had her case discharged in the Magistrate court after her attorney Bacchus made no case submissions on her behalf.
Permaul, her husband, Andre James and Rohan Johnson, were allegedly hired by the businesswoman who was upset that Mohamed and her husband were reportedly having an affair.
She allegedly hatched a plan with the accused to kill Mohamed. They were allegedly promised $4 Million, but received only $400,000 instead.
There were reports of surveillance footage showing the businesswoman meeting with some of the accused at a hotel.
Attorney at law Mandel Moore appeared on behalf of the state. Justice Morris -Ramlall after reviewing the submission made by both sides granted the order sought by Permaul.
She noted that the magistrate was wrong to conclude that there was sufficient evidence for the woman’s committal. Once there is not enough evidence the committal would be bad, she noted.
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