The Guyana Court of Appeal yesterday began hearing arguments in the challenge brought by murder convicts Rafael Morrison and Joshua Persaud, who are appealing their conviction and sentencing for the 2013 murder of Marlon Andrew Ramcharran, who was fatally chopped at Tain, in Berbice.
They are contending, among other things, that the 20-year sentence imposed upon each of them is “unduly severe.”
In their Notice of Appeal, Morrison and Persaud also contend that the judge who conducted their trial erred in law by not acquitting them through a no-case submission made by their attorneys.
They also argue that the judge allowed inadmissible evidence into the trial and that it was heard by the jury.
The appellants say, too, that the judge erred in ruling that two of the witnesses for the prosecution “could not be contradicted by their previous inconsistent statement.”
They say that the laws on inconsistencies and contradictions were not adequately put to the jury.
Additionally, they argue that the law on visual identification was also not adequately put to the jury and neither was their defence.
The men had been drinking together at the ‘Dusk Till Dawn Night-club’ at Tain New Housing before an argument ensued and led to the fatal chopping in which Ramcharran sustained wounds to his head, neck and other parts of his body.
The prosecution’s case was that Ramcharran was at a bar in the village with two friends, Nicholas Beharry and Rakesh Jaikarran. They left the bar at 2.30 am and Ramcharran went ahead of them. They then heard him shouting, “You chopping the wrong person” and they ran towards him. They allegedly saw when the men continued to chop Ramcharran, who collapsed to the ground.
Ramcharran had left home to go to a wake house.
They found him at the crime scene lying in a pool of blood.
Persaud is being represented by Senior Counsel Mursaline Bacchus, while attorney Kim Kyte-Thomas is representing Morrison.
The appeal is being heard by acting Chancellor Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory.
The case continues on February 6th.
