Owing to the prosecution’s failure to present sufficient evidence establishing that he had murdered one of his employees, Rajesh Roopnarine, was yesterday morning discharged of the capital offence.
The indictment levelled against the logger to which he had pleaded not guilty, was that he murdered David Campbell on December 6th 2014, by setting his Mabura mining camp on fire. Campbell succumbed to injuries he sustained in the fire, days after the camp was set alight.
Though calling three witnesses to the stand, the prosecution was hoping to primarily prove its case against Roopnarine through a dying declaration which it contended Campbell had made.
Following a voir dire during which defence attorney Nigel Hughes challenged the admissibility of the claimed declaration, Justice Navindra Singh ruled that the document did not reach the threshold for being so qualified. In the circumstances, he explained to the jury afterwards that since the document could not be considered as falling within the exceptions to the “hearsay rule,” which the law shuns, the prosecution’s case failed.
He noted that the only piece of evidence on which the state was seeking to rely, was the purported declaration, which he said at best, amounted only to an “ordinary statement.”
The judge explained further, that with such a statement, the defence would be unable to challenge it under cross-examination, as in any event it would amount to hearsay evidence which is inadmissible. In the circumstances, Justice Singh directed the jury to formally return a verdict of not guilty, following which he officially discharged a visibly relieved Roopnarine who walked out the court a free man.
While informing him that he was free to go, however, Justice Singh admonished the former-accused to make something good with the rest of his life.
The judge took the opportunity to also point out to Roopnarine that had it not been for what the statement amounted to, and the manner in which the investigation was conducted, the case could possibly have turned out quite differently.
Against this background, he told Roopnarine he hopes he would have learnt his lesson, while impressing upon him that only he knew what exactly would have transpired on the day in question.
“You are discharged and free to go,” the judge told Roopnarine, who exited the courtroom to his relatives who were anxiously awaiting him with hugs and kisses on the corridors outside.
The state’s case was presented by Prosecutor Teriq Mohammed.
The one-day trial was heard at the High Court in Georgetown.
Campbell, 49, of 180 Hyde Park, Timehri, was hospitalised after being burned at the camp and succumbed in the Burn Care Unit of the Georgetown Public Hospital Corporation (GPHC) days later.
