Justice Winston Patterson has aborted the trial of three men jointly indicted for wounding after reports that persons were seen speaking with members of the jury.
Prior to his decision, the judge had instructed the jury to return a formal verdict of not guilty in favour of the accused Imran and Ameer Ally and Chetraj Ragubeer called ‘Vicky,’ charged with causing grievous bodily harm with intent to murder Deodat Ramoutar. However, the men were called upon to lead their defence with respect to the second count of causing grievous bodily harm with intent to maim, disable or cause actual bodily harm to the complainant.
The offences were allegedly committed on March 25, 2006, at Rosignol Village, West Bank Berbice.
Following the ruling, Senior Counsel Bernard De Santos said that neither he nor his associate had been involved in the incident. “I have had no knowledge. I was only informed when I came to court earlier,” he explained.
An address to the jury was made by defence counsel on Friday, and State Prosecutor Fabayo Azore was expected to reply when reports of misconduct were made to the court.
An inquiry into the report was held in the judge’s chambers and those identified were questioned by him. However, after the court resumed the foreman asked the judge if he could speak about the incident. Justice Patterson prevented him from doing so and remarked that for such a reason the inquiry was held in chambers. He however warned the twelve-member panel that they need to be careful when sitting as judges of the fact.
Speaking to Ragubeer, the number three accused, the Judge upbraided him for his demeanor which had “left much to be desired” as it was contemptuous. “I did not pull you up in the chambers. I decided to do so now as we all have to learn from this as it must never be done, especially before a judge,” Patterson said.
Led in his evidence in chief by Azore, former policeman Bashir Kursattie said that on March 27, 2006, he went to the Rosignol Public Road where he arrested Chetraj Ragubeer and told him of the allegation, before issuing a caution.
Under cross examination by Senior Counsel De Santos, the witness said he was unaware that Deodat Ramoutar was charged for any offence stemming from the incident. However, he stated that Indira Ragubeer made several reports, one of which alleged that Ramoutar had thrown gasoline on her.
Earlier, Dr Alexander Sinclair, who was deemed an expert in general medicine, said he would issue medical certificates to persons seeking legal redress. According to him, the medical in favour of Ramoutar revealed that the patient had a thirty-one centimeter incised wound from the left side of the chest extending to the right side of the abdominal cavity and another wound on his left arm with yet another to the forehead.
The medical practitioner said in his opinion said the injuries listed on the abdomen and the arm were not as a result of the patient rolling on the ground but as a result of being inflicted by a sharp instrument. Responding to De Santos, the doctor said, “I cannot say whether the patient had ingested alcohol, as he was conscious during examination.”
The virtual complainant, Ramoutar, told the court that he was returning his children to their mother at her snackette at Rosignol Stelling roadway when his reversing vehicle accidentally collided with the business place. As a result of the collision, Indira Ragubeer’s son, nephew and brother, all armed with Carib beer bottles, lashed him about his head, before he could have explained what had contributed to the mishap. The complainant said that while he held unto his head, Imran Ally, Ragubeer’s brother, pulled a long knife from his waist and slashed him across his abdomen. “I felt a burning and wetness. I removed my hand from my head and held unto my belly instead. Imran Ally then gashed my right hand. I fell to my knees whilst holding unto my belly. Chetram Ragubeer, who is Indira’s nephew, was known to me for twelve years. He lashed me in my head with the Carib bottle which broke. He also ‘juked’ me with the bottle in my forehead, ripping pass the hairline,” the man testified.
Ramoutar explained that he remained on his knees while persons who had gathered from a nearby barbeque attempted to put him in his motor car in a bid to take him to his brother’s residence. However, he said Imran Ally told the persons, “Leave him right here.”
According to Ramoutar, he supported himself and a snackette employee assisted further by tying his belly, while he single-handedly drove his car to his brother’s photo studio, a short distance away.
He was thereafter taken for medical treatment at the Fort Wellington Cottage Hospital where police ranks later visited and took an oral report from him, in which he stated the names of the perpetrators.
