Yesterday, despite the fact that foreign Pathologist Dr. Hubert Daisley was a no show in court, Magistrate Sherdell Isaacs-Marcus ruled that Dwarka ‘Dave’ Gangadin be committed to stand trial in the High Court.
During yesterday’s hearing it was expected that Professor Daisley would have been cross examined by Gangadin’s lawyer, Bernard De Santos. This was the second time that the Professor failed to show up in court.
Yesterday Magistrate Isaac-Marcus ruled that a prima facie case has been made out against the accused since there was enough evidence presented in the court during the preliminary inquiry.
Initially, the accused, grass track champion rider, who is being represented by Senior Counsel Bernard De Santos, was facing traffic charges resulting from the incident after a local Pathologist, Dr. Nehaul Singh, found that the woman died from a fractured skull.
His findings were said to be consistent with the version of events that the dead woman’s husband had given to investigators.
Gangadin had told police that his wife fell out of the truck and he later admitted that he failed to render assistance to her after the rear wheels of the vehicle ran over her head.
The woman’s body was discovered on the Vigilance Public Road, a few yards from the gate of the Vigilance Police Station compound.
Relatives of the dead woman were not satisfied with the local pathologist’s findings, and they eventually obtained the services of a foreign Pathologist for a second opinion.
That opinion from Professor Hubert Daisley, found that there was evidence to suggest that Bridgette Gangadin was strangled and this led to the institution of the murder charge against the accused.
Earlier, Defence Counsel De Santos had contested the legality of Bridgette’s relatives’ actions in obtaining the services of a foreign pathologist, for a second opinion into the matter.
De Santos had argued that the dead woman’s relatives will have to prove that their actions of obtaining a second autopsy was lawful in accordance with Section 43 of the Evidence Act while emphasizing that there was no authority from a Coroner for them to “deal with the body”.
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