Johnathan Budhan now faces sentencing after a jury yesterday afternoon convicted him for the unlawful killing of Deonarine Manbodh whom he hit with a cricket bat.
While the 12-member jury unanimously acquitted him on the capital offence, he was found guilty on the lesser count of manslaughter, in a proportion of 10 to 2.
On defence attorney Nigel Hughes’ request, however, Justice Navindra Singh has deferred Budhan’s sentencing to June 7th, to facilitate the preparation and presentation of a probation report.
After the announcement that he had been found not guilty on the charge of murder, Budhan sighed in visible relief, but this did not last long as the jury foreman moments after announced the manslaughter conviction.
The young man cried uncontrollably as he exited the courtroom, as did his many relatives who were present.
Particulars of the charge against Budhan had been that on October 25th, 2016, he murdered Manbodh at Best Village, West Coast Demerara. While he did not deny hitting the man with the bat, he contended that his actions were in self defence.
Professing his innocence at the close of the prosecution’s case against him on Wednesday, Budhan in his brief address to the court in unsworn testimony from the prisoner’s dock had said, “your Honour, I’m innocent of this charge.”
He had told Justice Singh and the jury, that he would be standing by whatever was in the statement he had given to the police.
Highlighting Manbodh as the aggressor—which the prosecution did not deny, though it rejected his defence, Hughes, in his closing address to the jury had stressed the law’s recognition of a person defending himself if being attacked.
Facts presented during the trial were that the offender and Manbodh’s niece shared a relationship which the young girl’s family did not approve.
The court had heard that on the day in question, after seeing his niece speaking to Budhan, the now deceased Manbodh after taking her home, rushed over to Budhan’s home where he confronted him in a rage.
Hughes said it was at this point that his client impulsively armed himself with the cricket bat which was at the gate close to where the deceased advanced towards him, dealing him several lashes.
The man would later succumb to the injuries sustained.
Budhan’s aunt Basmattie Baksh, had testified that Manbodh had rushed past her at the gate and into her yard, just after reaching to his waist.
Prosecutor Tuanna Hardy, however, disputed the woman’s account of the deceased ever reaching to his waist, contending that the accused began beating the unarmed man about his body with the cricket bat.
Under cross examination from Hughes, Manbodh’s now 20-year-old niece did not deny that though the young man had made repeated efforts to avoid her, it was she who kept pursuing him.
The court had heard that on the night in question, Budhan, against his initial intention, acceded to the then 16-year-old’s request to follow her home, only because it was dark and getting late, after seeing her at the Vreed-en-Hoop Ferry Stelling.
It was during this journey that they encountered Manbodh.
Budhan’s trial was heard at the High Court in Georgetown.
Pathologist Dr Nehaul Singh had given Manbodh’s cause of death as severe blunt trauma to the head.
He was reportedly beaten on October 20th, 2016 but succumbed to his injuries five days later at the Georgetown Public Hospital Corporation.
