The Guyana Court of Appeal on Wednesday dismissed an appeal by Alvin Raghubeer, who was convicted in 2016 for severing a man’s hand.
Raghubeer, 27, was found guilty of wounding Nowrattan Wilmont on October 3rd, 2007, with intent to maim, disfigure, disable or cause him grievous bodily harm.
Following a trial, a jury found the man guilty of the offence of wounding and he was then sentenced to 10 years in prison.
Raghubeer appealed and sought to have his sentence overturned.
Acting Chancellor Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory, however, dismissed the appeal. In the appeal, filed by attorney Sonia Parag on Raghubeer’s behalf, one of the grounds for challenge was the assertion that the trial judge would have caused the jury to speculate as to why the accused gave unsworn testimony and not a sworn one when leading his defence. It was also stated that the trial judge failed to point out to the jury inconsistencies in relation to the evidence of Raghubeer and the main eyewitness.
However, the appellate justices in their ruling found that it was the accused who opted to give unsworn testimony instead of a sworn testimony after the said trial judge would have presented him with options. They then noted that they found no merit in the argument. The judges further noted that the trial judge was not unfair or unbalanced during summation and that the said judge highlighted the strengths and weaknesses of the prosecution’s case.
The ruling further states that given the severity of the victim’s injuries, the court found that the said 10-year sentence was appropriate. As a result, the appeal was dismissed and Raghubeer will complete the sentence, which was imposed in 2016.
Reports then indicated that on the day in question, Raghubeer’s grandfather and the victim were arguing. As Wilmont turned to walk away, the accused, who was 16-years-old at the time, ran behind him and chopped him on his shoulder and left leg with a cutlass. As the victim turned around, he attempted to bar another chop with his hand, which was severed.
