Latest update April 25th, 2024 12:44 AM
Dec 11, 2018 News
Guilty was the verdict when the registrar of the New Amsterdam High Court asked the forewoman in the No. 63 Beach robbery/murder if the panel had come to a verdict. The verdict was unanimous.
Phileman Budhoo, called “Kevin”, 22, of No 63 Village, Corentyne, Berbice, who was on trial for murder before Justice Priya Sewnarine Beharry and a mixed jury, was found guilty of murdering Mohamed Fizal Mahmood Baksh, called ‘Sugar Cake’, a money changer, of No. 63 Village Corentyne, Berbice.
The act was committed between December 21 and December 24, 2015 at the No. 63 Beach, Corentyne, Berbice.
The accused who was represented by attorneys Arudranauth Gossai and Mursaline Bacchus, in association with Surihya Sabsook, showed some emotion as tears flowed down his face after the verdict was announced.
Attorney-at-law Mandel Moore appeared for the state.
Justice Sewnarine Beharry took just under two hours to sum up the evidence to the jury as she briefed them on the points of law.
The jury, after retiring, took over four hours in their deliberations before arriving at their verdict. After the verdict was announced, attorney Surihya Sabsook asked the judge for a probation report to be prepared on her client. The report was ordered and is to be presented on December 21.
Earlier both the prosecution and defence had closed their cases, with the defence pointing out a number of discrepancies in the prosecution’s case.
Attorney Gossai pointed to no check on a phone that was found, for calls made; no check being made with the Bank about the $488,000 that was allegedly banked by the accused, no bank slip was produced; no blood sample, and no fingerprints among other discrepancies. He said his client was in Trinidad and could have stayed there, but chose to return to Guyana, because he knows that he is innocent.
Prosecution Moore had asked the jury to believe their story. He highlighted the many coincident, suspicious and sudden actions of the accused, and the evidence of the witnesses.
The accused had given a written caution statement, in which he admitted to taking Baksh to the No. 63 Beach and killing him, before taking $600,000 from the deceased. He banked some of the money before leaving for Trinidad.
He also gave an unsworn statement from the dock in which he denied killing the deceased. He said that he went to Trinidad to spend the Christmas. While in Trinidad, he was informed by his relatives that the police were looking for him for a murder. He subsequently returned to Guyana and was arrested.
The prosecution’s case was that the accused made arrangements with Baksh about some financial transaction and subsequently took Baksh to the No. 63 Beach where he robbed and killed him.
Baksh’s body was discovered in a bushy section of the No. 63 Village, Corentyne foreshore, three days after he was reported missing.
The prosecution called a number of witnesses, including Detective Sergeant Kester Moriah, Sergeant Poonam Ibaran, Detective Christ Heber, Jagwanti Munir, the wife of the deceased, Fareena Hussein, wife of the owner of the car rental service and Rohan Karim, a worker at the car rental service.
Government Pathologist Dr. Vivekanand Brijmohan who had performed a post mortem at the site where the body was found due to its decomposed state, gave the cause of death as shock and haemorrhage due to a fractured skull.
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