Jul 13, 2010 News Comments Off on Black Bush headless murder trial accused freed
– remains in custody to complete sentence for escape
Danny Busjit, 27, of Mibicuri Black Bush Polder, who was on trial for murder before Justice Brassington Reynolds and a mixed jury, on Monday, walked free. This was after his Attorneys Mursaline Bacchus in Association with Kim Kyte-John, successfully argued no case submission. Their argument was upheld by Justice Reynolds in the trial that had become known as the Black Bush Polder headless body murder trial.
Justice Reynolds subsequently directed the mixed jury to return a not guilty verdict.
In their no case submission the attorneys had submitted that the prosecution case was weak at the most.
The attorneys had submitted that the oral evidence purported to have been given by the accused and which was admitted into evidence after a voir dire, was weak and tenuous because of the circumstances under which it is alleged to have been given.
Another point noted by the attorneys was the difference in the evidence given by prosecution witnesses, policemen Richard Frank and Eman Fordyce, who were uncertain about the timing of the incident.
They further submitted that although Detective Frank had stated that the witness had confess to the crime in the CID office in the presence of other policemen and even though one of those policemen who was alleged to have been present gave evidence in the matter nothing was said about that alleged confrontation in the CID office.
Earlier the Prosecution, which was conducted by attorney at law Dionne Mc Cammon, had made an application to provide deposition evidence but this was rejected by the judge.
The attorneys then submitted that since the deposition evidence was not accepted which might have gone to identify the body. There was no evidence that the body upon which the post mortem was conducted, and gave the cause of death, was the person named in the incident as the person who the accused was alleged to have killed.
It was alleged that Busjit had stated that “after me robbed and killed Kalidas, me go home and tell me mother.”
In response the defence submitted that no evidence was presented to show that the accused was referring to the deceased.
After listening to the subsequent submissions the judge agreed with the Defence and thus upheld their submission.
Busjit was on trial for the murder of overseas-based Guyanese, Kalidas Surujnarine, 73, who was allegedly killed on November 26, 2005. It is alleged that on the day in question Busjit and others murdered the elderly man by cutting off his head at Mibicuri Black Bush Polder.
During the trial, two voir dire were held to determine the admissibility of statements made by the accused. The written statement was thrown out while the oral statement was admitted by the judge in the absence of the jury.
Detective Assistant Superintendent Gary McAlister, Sergeant Richard Frank, and Corporal Eman Fordyce had all testified. Detective Frank during his testimony had stated that US$344, six wrist watches, and a yellow metal chain were found in the accused mother’s yard.
Ex Detective Sheldon Nathaniel had testified that photographs of the deceased, a pair of dentures, a long black trousers and black trunks were found.
He had further stated that a pair of leather sandals, a red torch light, and an eagle-shaped gold pendant were also found.
He had further said that after returning to the scene the following day what appears to be a human skull was found about sixty yards from where the headless body was located.
Despite being freed the accused was taken into custody to continue serving a five-year sentence for escaping from lawful custody.
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