Mark Sawyers, 19, of Lot 1 Success, East Coast Demerara, Devon Forde, 23, of Lot 164 Duncan Street, Campbellville and Kifa Small, 19, of Campbellville Housing Scheme pleaded not guilty before acting Chief Magistrate Melissa Robertson to joint charges of robbery with violence. Robertson granted the trio bail and the matter has been transferred to Court Three for December 1.
It is alleged that on October 16, they used personal violence to rob Sinclair Mohabir of a NZE Toyota motorcar valued $3.2M, a quantity of tools valued $70,000 and $10,000 cash.
Mohabir, who was present in court, stated that all his belongings were in his car when it was stolen. He stated that on the day in question he was at Alexander Street, Kitty, when the three men joined the car. He said that shortly after, Small started choking him from behind while Forde dealt him a blow to the left side of his face. He said that his attackers, who conducted a search on his person, were asking him “wey de gun? Wey de gun deh?” He said that the men then dragged him out of his car and had told him to lie on the road. He noted that as soon as the men turned away he made good his escape.
Prosecutor Deneashwar Mahindranauth had objected to the trio’s bail application. Mahindranauth stated that the police had a difficult time locating the trio since they were in hiding. The lawyers for the men then stated that the police and Mohabir had different stories, which clearly showed that an improper investigation was conducted into the matter.
Sawyers, whose lawyer was not present in court, displayed a black and blue left eye. He explained that he currently attends a popular private School in Georgetown and that he knew nothing about the incident but received a severe beating from the police. “They (the police) deh wan me give them money…..de tell me pay them $50, 000 and dey would done de story but because I din pay dey do this to me,” he said. He also stated that a fourth person, a classmate of his, who was also allegedly involved in the matter, was released while in police custody since he had paid the money that the police had requested.
Attorney Euclin Gomes also stated that his client had suffered at the hands of the police, whom he said started assaulting him at his home and continued at the Diamond, East Bank Demerara lock-ups. The lawyer said that while at the lock-ups the police placed a black bag over Small’s head, made him kneel and had placed a steel object to his head that they identified as a gun, telling him that “if he does not confess to the crime he will be killed.” Gomes added that some time after the beating, a policeman gave his client food and shortly after he had eaten it he started to vomit and had diarrhoea. He said that several moments after his client became unconscious.
Gomes related that when his client recovered he had asked to be taken to the hospital but the police made no attempts to do so. He also stated that his client was prevented from speaking to his parents.
He said that in this state his client was given a document that he was unable to read and he was forced to sign it. He noted that this may have been a confession statement. “We will challenge any confession statement that may have been signed under force,” he said.
Meanwhile, Forde’s lawyer Gordon Gilhuys also said that while in police custody his client was dealt several slaps to his face and was lashed in his back several times with a mop-stick in an effort to obtain a statement saying he was involved in the incident. He noted that his client did not give any statement to the police.
Gilhuys went on to say that his client was placed on an ID parade but that he was never pointed out as one of Mohabir’s attackers. He explained that while at the station the police had taken his client’s cell phone away from him and may have overheard someone saying that he was involved in the incident. He said that the police in an attempt to implicate his client in the incident made a recording of what the person on Forde’s phone was saying. Gilhuys then said that it baffles him that his client was arrested fifteen days after the incident while awaiting transportation on Sheriff Street. He noted that his client was previously accused of stealing a bicycle but the matter had been settled.
