A mixed jury was empanelled yesterday to preside over the murder trial of the two men accused of the Lusignan massacre after a voir dire was held for the selection of the jurors.
The voir dire was held before Justice Navindra Singh in the High Court to scrutinise each juror, so as to facilitate a fair trial for the accused, James Anthony Hyles, called ‘Sally’ of 70 Friendship, East Coast Demerara and Mark Royden Williams, called Royden Durant or ‘Smallie’ of Uitvlugt, West Coast Demerara who are charged with the 11 murders.
Hyles’ attorney, Nigel Hughes, made an application under Article 144 of the Constitution which states that “if any person is charged with a criminal offence then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law,” to facilitate the vetting process.
Hughes asked for the process to be held before the final 12 jurors were selected to preside over the case in the light of the sensationalism of the crime the accused are charged with.
Senior State Counsel Judith Gildharie-Mursalin responded that there is no provision in our legal system for the application and that it is more of an American practice.
She however indicated that the state will abide by the exercise of the judge’s discretion throughout the process.
Justice Singh then said that there is no law that allows for this, but he will allow the vetting of the jurors in fairness to the accused.
Each juror was then scrutinised by Hughes, Roger Yearwood who represented Williams, and Gildharie-Mursalin.
The men are accused of killing 48-year-old Clarence Thomas, his 12-year-old daughter Vanessa Thomas and his son Ron Thomas; 32-year-old Mohandai Gourdat and her two sons, four-year-old Seegobind Harrilall and ten-year-old Seegopaul Harrilall; 22-year-old Shazam Mohamed; 55-year-old Shaleem Baksh; Seecharran Rooplall, 56, his wife Dhanrajie Ramsingh, 52, and their 11-year-old daughter Raywattie Ramsingh on January 26, 2008.
They were said to be part of a large group of gunmen who descended on Tract ‘A’ Lusignan and launched a 20-minute blitz on five houses.
Gildharie-Mursalin is expected to open her case today after which witnesses will be presented to the court.
