Bibi Sharima-Gopaul and partner Jarvis Small are to be committed to stand trial for killing 16-year-old Neesa Gopaul, whose death sparked outrage over whether authorities were doing enough about reports of teens in troubling circumstances.
Chief Magistrate Priya Sewnarine-Beharry today announced that a prima facie case has been made out against them, almost two years after they were first charged.
Both accused, who proclaimed their innocence, appeared composed throughout the proceedings, while a silent courtroom packed to capacity observed.
In a short address to the court, Magistrate Sewnarine-Beharry said that the court, after reviewing the evidence of both the prosecution and defence, had found that sufficient evidence was presented to support a prima facie case against the accused persons.
In delivering the ruling, she informed the two that they had been committed to stand trial, but a formal committal was not done in the absence of Small’s lawyer, Senior Counsel Bernard De Santos.
As a result of De Santos’ absence, attorney Vic Puran, who is representing Bibi Sharima-Gopaul, made an amicus appearance on his behalf, challenging the “sufficiency of evidence” to support the charge against Small.
“I know that if my learned friend (De Santos) was here, he would have led a defence regarding the sufficiency of evidence led by the prosecution in the preliminary inquiry against Mr. Small,” he said, after the magistrate’s ruling.
Puran reported to the court that the Senior Counsel was absent since he was attending court in Bartica and that he would be present tomorrow morning. As a result, he requested an adjournment to allow his colleague an opportunity to respond to the ruling.
Magistrate Sewnarine-Beharry, however, registered her dissatisfaction with the request, noting that the defence was fully aware that yesterday was set for ruling in the matter and that they should all have tried to be present.
She also said that from the proceedings conducted during the inquiry, the defence should have anticipated the court’s ruling and De Santos should have been present to make whatever addresses he wished in response.
Puran, however, noted that like him, De Santos may have been under the “illusion” that the court’s ruling would have “turned out differently.”
He said he was “quite surprised” with the court’s ruling in relation to his client.
After declaring that De Santos should have been present, the court acceded to Puran’s request and adjourned the matter to tomorrow morning to give the absent attorney an opportunity to respond, after which the court is expected to formally commit the two accused. Because the accused are jointly-charged, both have to be committed together.
‘Innocent’
After informing the defendants at the beginning of her address that a prima facie case had been made out against them both, Magistrate Sewnarine-Beharry told them that they had a right to say anything they wished or to call witnesses on their behalves as well. This, she explained, could have been done yesterday or if they wished, they could have reserved both rights for the High Court.
Subsequently, Small, on the advice of Puran, said: “I would just like to say that I am innocent of this offence. I did not kill Neesa Gopaul and I had nothing to do with it.” Asked if he wanted to sign to the unsworn statement he had given, Small said no.
Bibi Sharima-Gopaul, after being advised by Puran, also said that she was “innocent” of the crime and would sign a statement reflecting her declaration. She added that she would reserve her witnesses for the High Court.
The charge against the two is that between September 24 and October 2 at Madewini, Linden-Soesdyke Highway, they murdered the girl, who was a Queen’s College student.
The teenager’s body was stuffed into a suitcase, which was discovered by a group of picnickers on October 2, 2010, anchored in the creek at the Emerald Tower Resort. Her head was bashed in so that her remains appeared headless.
A woman who made the discovery said that a large piece of metal was removed from the creek by the police the following day. Investigators subsequently returned to the scene and discovered several dumbbells which were also used to anchor the suitcase to the bottom of the creek.
The case provoked widespread public outrage and condemnation of those who failed to assist the teenager during a difficult period of abuse in varying forms prior to her death.
