Justice Roxanne George yesterday aborted the trial of a Herstelling mother and son charged with attempted murder in order to conduct an inquiry into allegations made against jurors.
Komal Persaud and his mother Renee Persaud of Third Street, Herstelling, East Bank Demerara (EBD) have been charged with throwing acid on Navin Seepersaud of Section ‘C’, Block ‘Y’, Golden Grove, EBD causing severe burns to his face, torso and legs.
Justice George, defence attorney Vic Puran, the prosecution and some jurors met in chambers for some time after the matter was called yesterday morning. It was adjourned shortly before noon and was recalled at 2 pm when the judge ruled that the twelve jurors are banned from jury service until a thorough investigation into the allegations is conducted. The jurors were ordered to submit their names, telephone numbers and place of employment to the police outpost at the High Court and were ordered to make themselves available to the police for statements and any other questioning to inform the investigation.
The judge told the court that jurors play an integral part in ensuring justice is served and therefore they should harbour no bias for or against the accused or the victim. Justice George said jurors have been repeatedly cautioned on this issue.
On Monday the defence had called its last witness Dr Sheik Amir to the stand, and it was expected that the judge would have summed up the case for consideration today. Instead Justice George told the jury that a problem had arisen which required discussions with the defence and prosecution in the presence of some or all jurors.
Yesterday Justice George told the court that though it was unfortunate that after the case had come so far that it would be aborted, it was due to some jurors’ dishonesty. However, she said it was being done in the interest of justice. The judge further stated that the matter would be put off until the investigation is complete and until such time when the court is available. She said too that all jurors must be questioned by police to determine what charges if any, are to be laid. Justice George also said that this investigation and its outcome are intended to send a strong message to all jurors. “They must know that they are to serve with integrity and honesty,” she said.
In recent weeks the prosecution led several witnesses to the stand. Its case is that on November 25, 2004, Komal Persaud threw a corrosive substance on Seepersaud causing severe injuries that lead to his hospitalization for 27 days in the Burn Care Unit of the Georgetown hospital. Subsequently Seepersaud had to travel to Cuba for treatment.
Renee Persaud, the number two accused allegedly handed a yellow container with the corrosive substance to her son on the evening the incident is said to have occurred. It is said that Seepersaud had gone to the defendants’ home to find out if Komal had hurt his friend during a fight earlier in the afternoon.
The defence’s case is that Seepersaud along with several friends had gone to the defendants’ home and he had carried the acid with him. A scuffle ensued and Seepersaud allegedly made an attempt to throw the substance on Komal but Komal hit the container with a pool stick, causing the substance to fall on Seepersaud.
The joint charge was instituted against the defendants and the case brought before the Providence Magistrate’s Court where they were committed to stand trial in the High Court.
