Shawn Richardson, called “Jungle Commando,” walked away from the High Court a free man after Justice Dawn Gregory upheld a no-case submission made by his attorney yesterday.
The submission was made by defence attorney Clarissa Riehl, after the judge ruled on a voir dire (trial within a trial) which was conducted to determine whether a caution statement, reportedly given by Richardson, should be admitted to evidence.
In the caution statement, Richardson had reportedly confessed to killing taxi driver Vivekanand Nandalall, whose skeletal remains were discovered at Enterprise, East Coast Demerara (ECD). It had been alleged that between October 16, 2003 and March 13, 2004, Richardson murdered Nandalall, at Enterprise. Richardson, of Bachelor’s Adventure, ECD, was charged with the murder in November 2004.
In her ruling following the completion of the voir dire, Justice Gregory stated that the accused insisted that he was beaten all over the body and that most of his injuries were sustained to the abdomen and under his seat.
The judge further noted that while under cross-examination Richardson said, “East Coast police does beat with sense” and that they had beaten him but did not leave injuries on his body except for a small wound, which resembled a nail puncture, under his foot.
During the voir dire, Riehl produced prison medical records. This, the judge said, was evidence which seriously damaged the prosecution’s case. The records, Justice Gregory said, raised sufficient doubt about the conditions under which the caution statement was obtained from Richardson.
Nurse Michelle Lewis, who examined Richardson on November 3, 2004 (the day after his admission to the Georgetown Prison), testified that she had observed a puncture wound under Richardson’s right foot. The nurse told the court that she had recorded on a medical form that Richardson had alleged that the injury was caused by police beatings.
The sum total of the evidence, the judge said, points to the medical record which clearly states an injury was inflicted on the accused and it supports the aspect of what Richardson told the court—that he was beaten to sign the caution statement which contained a confession to murdering Nandalall. “There were things he said on which he was not believed,” Justice Gregory noted, “but that is not the issue here. The medical records support the allegation he made that he was subjected to severe beating in order to sign his name to the caution statement and based on that, the statement is excluded [from evidence].”
Lead prosecutor in the matter, Judith Mursalin-Gildharie, subsequently closed the state’s case. “In light of your honour’s ruling, the state offers no further evidence against the accused,” Mursalin-Gildharie said.
The caution statement was the only evidence the prosecution had against Richardson.
After the prosecution closed its case, Riehl made a no-case submission, which was upheld by the judge due to insufficient evidence against the accused. Justice Gregory then directed the mixed jury to return a formal verdict of not guilty.
“You have sat through this trial. You have heard the evidence in the trial and in the voir dire. The evidence was insufficient to go any further. But you alone know the truth. You are hereby discharged. You are free to go,” the judge told Richardson.
