The charges against three policemen accused in the high-profile case of torturing a teen by setting his genitals alight collapsed spectacularly at the Vreed-en-Hoop Magistrates’ court yesterday after witnesses—including the complainant—failed to turn up again.
No evidence was ever taken because witnesses did not turn up and the dismissal was ordered although the Ministry of Home Affairs had acknowledged that the 15-year-old boy was tortured.
In court yesterday morning, Magistrate Nyasha Williams-Hatmin dismissed the charges against Sergeant Narine Lall, Constable Mohanram Dolai and Corporal Oswald Foo. “Thank you ma’am,” the men said as they quickly exited the courtroom.
When the matter was called, the prosecutor told the court that no witnesses were present. When the magistrate inquired about police witnesses, the prosecutor said that the three complainants were the main witnesses. “I would hope that they (police) are not showing allegiance,” the magistrate said.
She also inquired about whether radio messages were sent for the witnesses and the prosecutor responded that the matter was well publicised in the media. She then dismissed the charges.
When the matter was last called in December, a final date—yesterday—had been given for the complainants and witnesses to present themselves to the court or the matter would be dismissed.
Since the three policemen were charged in November 2009, the trial had not started due to the witnesses not attending court.
Relatives of one of the complainants have since told this newspaper that they have accepted compensation to drop the matter while the teenager at the centre of the case has vanished along with his family.
In October, Magistrate Williams-Hatmin issued warrants for Deonarine Rafick, Nouravie Wilfred and the boy. The trio was held during the investigation into the murder of retired Region Three vice-chairman Ramenaught Bisram in October 2009.
During the investigation, the teenage boy’s genital area was set alight allegedly by the policemen involved in the case and it was only when this was revealed in the media that he was taken to the hospital.
The case drew national and international condemnation with the matter being cited before the United Nations Human Rights Council. An investigation was done by the police force’s Office of Professional Responsibility and the Ministry of Home Affairs had acknowledged that the boy was tortured.
Relatives of Rafick have since confirmed to this newspaper that they accepted compensation to “settle” the matter. Rafick continues to work on his farm.
A relative of Wilfred, meanwhile, said that he had been told by Wilfred’s mother that their matter was “settled” and he added that Wilfred was in Trinidad.
The Director of Public Prosecutions had recommended that the policemen be charged. Rafick and Wilfred were also beaten during the investigation and a wounded and battered Rafick was charged with the murder and remanded to prison but later released on the orders of the DPP after it was determined that a confession statement reportedly given by him, which was the foundation of the case against him, had not been given freely and voluntarily. Wilfred was released after having been in police custody for a week.
The three policemen were charged with maliciously wounding the three suspects in November 2009. According to the charges brought against the trio, on October 28, at the Leonora Police Station, they unlawfully and maliciously wounded Rafick, with intent to maim, disfigure, disable or cause him grievous bodily harm.
A second charge against Lall and Dolai alleges that between October 20 and October 29, at the Leonora Police Station, they unlawfully and maliciously wounded Wilfred.
The duo was also slapped with a charge of felonious wounding, which alleges that they unlawfully and maliciously wounded the teen boy, with intent to maim, disfigure, disable or cause him grievous bodily harm. This incident allegedly occurred on October 28 at the Leonora Police Station. The men remained on the job.
