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May 14, 2014 News
After more than six weeks of trial, the mixed twelve-member Jury who were selected to oversee the court proceedings of rape/murder against Javon Wharton and Charles Cush, announced yesterday that they had failed to reach a unanimous verdict in relation to the two accused.
Cush, 21, and Wharton, 23, are accused of raping and murdering nine-year-old Sade Stoby at Barnwell North, Mocha Arcadia, East Coast Demerara sometime between November 2 and November 5, 2007.
At the beginning of the case, State Prosecutor Judith Gildharie-Mursalin detailed a gruesome report of how the body of a little girl, who had gone missing for three days, was discovered near a ditch a short distance from her Barnwell North home.
“When the child was found, the evidence suggested that she had been raped and murdered. A medical report indicated that she had hemorrhaged from her head and chest. Sade’s alleged attackers were later identified as teenagers from the village.”
Medical examiner, Dr Mohan Persaud recounted that both accused bore injuries to the genitals, which were indicative of their involvement in sexual activity, particularly in a forceful manner. However the doctor claimed that those injuries could also have been caused by frequent masturbation, or due to a Sexually Transmitted Infection (STI), or a yeast infection.
Government Pathologist Dr Nehaul Singh recounted the post mortem examination, revealing that the victim had died due to asphyxiation owing to submersion (drowning) and blunt trauma.
“The body was bloated, the eyes were bulging, the hands and feet were wrinkled, which suggests that it was submerged in water for some time; there was evidence of hemorrhage from the head and neck. The brain had started to decompose; there was thick black mud in the trachea or the wind pipe, which suggests breathing while under water. There was bruising on both sides of the vagina and the hymen was ruptured which suggests forced entry or forceful sexual activity just before the time of death. Her intestines were also protruding…. which could suggest possible sexual activity,”
During the summing up of the evidence before the court yesterday, Justice Navindra Singh directed the jury in accordance to the laws as it relates to the offence of felony murder, (which is basically when a person dies during the commission of a crime of violence of which rape can be considered as such a crime, since force was used in the process).
During the lengthy summing up, the Judge recounted the evidence presented by the witnesses involved in the case and directed the jury to use their “common sense and intellect” as they deliberated on the outcome.
“The prosecution is saying that the accused took the victim into the bushes at Sixth Field, raped, beat, strangled and drowned her, while the defence is claiming that the accused had not done those things…they were coerced into giving those statements. It is your job to find the accused guilty or not guilty of the crime.”
However, after almost four hours of deliberations, the panel returned to the courtroom and announced that they were unable to reach a unanimous verdict as it related to Cush and Wharton.
The accused stood up, as the foreman of the jury made the announcement. Wharton and Cush looked nervous at sight of the jurors returning to the courtroom but became relieved as they heard the announcement.
As such, Justice Singh told the men that they will be remanded to prison to await a retrial at the next practical sitting of the Demerara Criminal Assizes.
“Quite shockingly the Jury was unable to reach a verdict, in relation to the case against you for the offence of murder. As such you will be remanded to prison to await a retrial,” the Judge told the accused.
As Cush and Wharton left the courtroom, several persons expressed disappointment at the verdict.
“We can’t understand what really went on here…Is how they really can’t come to a decision after all this time?” was one of the comments, coming from the crowd which gathered outside the courtroom.
The victim’s mother, Sharon Berry appeared to be in shock, she took a few minutes before she could respond to questions posed by the media.
“I really don’t know what to say, it was exhausting enough having to go through one trial. I have my other children who need me ….I was hoping for closure, but I will have to go through it again because I want justice for my daughter,” the visibly emotional woman said.
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