For the second time in just over a year, Roy Pestano, 61, and his son Raymond Pestano, 37, were told yesterday that they would have to face a retrial for murder after a jury could not agree on a verdict.
The duo, of Number 41 Village, West Coast Berbice, are charged with murdering Davendra Ramlagan, 25, called ‘Davanand’ and ‘Davo’, on October 19, 2002.
After almost three hours of deliberation, the jury was split with six members in favour of a guilty verdict and six in favour of a not-guilty verdict at the Berbice High Court yesterday.
When the case was tried in September last year, it had ended in a hung jury,
with 10 jurors in favour of a guilty verdict for Raymond and nine in favour of a guilty verdict for his father.
Justice Navindra Singh, who presided over the trial once more, told the men that they would have to be remanded once again to await a retrial in the next assizes. The elder Pestano responded, “Hope it is early.” They both looked disappointed as they left the dock and were escorted out of the courtroom.
The judge had granted time for the court to locate the star witness, Kenrick Ramlagan, brother of the deceased but failed to do so.
The case continued one week later after State Prosecutor Retina Singh applied for statements from the magistrate’s court to be admitted into evidence. The duo was represented by attorney Peter Hugh.
In her opening address, Singh had said Ramlagan’s brother Kenrick Ramlagan along with his cousin Goel Richard Ross were at Breezy Point shop at Number 41 Village when a white car pulled up with three persons.
An altercation took place and Davanand Ramlagan suffered injuries to his throat and other parts of his body and was left lying in a pool of blood. He was picked up and rushed to the Fort Wellington Hospital, where he was pronounced dead on arrival. Roy and Raymond Pestano were subsequently arrested following investigations and charged with the murder.
In the evidence read by a court clerk, Kenrick Ramlagan stated that he was assaulted by the accused and he escaped into an uncle’s yard. He also saw when the elder Pestano held his brother’s hand behind his back while the two sons stabbed him. They then returned to their car and drove away.
Goel Richard Ross, a cousin of the deceased, testified that on the night in question he was eating outside the shop when the car pulled up with Roy Pestano Snr, and his two sons Roy Pestano Jnr., and Raymond. The men came out of the car and Roy Jnr. went up to Kenrick Ramlagan and started beating him, he said.
A post-mortem examination conducted by government pathologist Dr Nehaul Singh found that the deceased sustained two stab wounds and two slashes while his throat was almost severed.
