Latest update April 23rd, 2024 12:59 AM
Dec 07, 2018 News
The two men who were accused of the April 19, 2018 murder of Saeed ‘Sayo’ Hamid at Bennett Dam, D’Edward Village, West Coast Berbice, were yesterday set free.
The matter was set aside against them by Magistrate Rhondell Weaver following no case submissions made by defence attorney Mursaline Bacchus at the Fort Wellington Magistrate’s Court.
The men, Satrohan ‘Bluey’ Madray, of Bennett Dam, D’Edward Village, West Berbice, and Antonio Singh Balroop, of Bath Settlement, West Coast Berbice and Reliance, East Canje, were before the court in relation to the death of the Queenstown, Corriverton wholesale vendor.
Hamid was bludgeoned to the head and his burnt corpse was found behind the home and temple of Madray at D’Edward Village.
Prosecuting woman police Corporal Racquel Mars had submitted that the prosecution had put forward enough evidence to have the two men committed to stand trial in the high court.
In his no case submission, attorney Bacchus put forward a number of points and also quoted a number of authorities in his submissions.
He submitted that a prima facie case has not been made out against either accused and they should both be discharged at this stage and cannot be doubted, according to Section 69 of Chapter 10:01.
He further stated that it is the duty of a committing Magistrate to ensure that no one be sent to trial unless a prima facie case is made out.
It was emphasised that “the Out of Court assertions of one accused cannot be used as evidence against his co-accused. Where two persons are charged jointly and the evidence does not point to one or the other individually and there is no evidence that they were acting in consort, then both have to be acquitted.
The uncertainty cannot be resolved by convicting both and a statement made in the presence of a suspect can only be evidenced against him if he by words, conduct or demeanour accepts the truth of such statement”.
Bacchus stated that there was no evidence against Madray, written or oral, implicating him in the death of the deceased. The only thing against his client was a statement given by Balroop, which Madray vehemently denied.
Bacchus further submitted that the case against Balroop was weaker. He said that the evidence by one of the prosecution witnesses – who said that he helped Balroop and Saeed Haniff remove some items from one car to another, was useless.
He said the man saw the driver’s face for less than five seconds and never “picked out” Balroop at any identification parade.
Bacchus said the witness was seeing the driver of the car, a Toyota Premio, for the first time, when he identified him by way of “dock identification” which should not have been allowed.
“He never said he saw or knew the driver of the Premio before. He never gave evidence as to where the Premio went after the things were put in it. And there is no evidence that the driver (Balroop) took Hamid to Madray’s home or did anything to him,” Bacchus asserted.
He also submitted that, “There was no reason why an identification parade was not held.
There is also nothing to show that Balroop did anything to Hamid and that the deceased was the man supposedly beaten at Madray’s home.
According to evidence given by the police, “the identity of the deceased was not known by Balroop, but was supplied by Madray which is hearsay and cannot be used”.
Bacchus also submitted that there was no evidence that Balroop was hearing what Madray was saying in the video of the “scene”.
There was no confrontation between the two accused persons concerning the oral statement made by Madray implicating Balroop was made.
Bacchus concluded that there was also “no evidence that the person whom the accused persons were charged with murdering, died from any injuries inflicted by any or both of them”.
LISTEN HOW JAGDEO WILL MAKE ALL GUYANESE RICH!!!
Apr 23, 2024
Kaieteur Sports – Over the weekend, the prestigious Lusignan Golf Club played host to the highly anticipated AMCHAM Golf Tournament, drawing golf enthusiasts and professionals alike from across...Kaieteur News – Just recently, the PPC determined that it does not have the authority to vitiate a contract which was... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]