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Sep 03, 2024 Court Stories, Features / Columnists, News
Kaieteur News – Twenty sugar workers were on Thursday last acquitted by Magistrate Michelle Mathias at New Amsterdam Magistrates’ Court on no-case submissions presented by lawyers Khemraj Ramjattan and Charlyn Artiga.
The no-case submissions were upheld after the lawyers successfully argued that the prosecution has not presented sufficient evidence against the defendants for offences they faced. Ramjattan who represented 18 0f the men charged, contended that the video evidence proved unsatisfactory in nature. He noted that “No one in the video was identified as by the prosecution witnesses…”
The sugar workers, which included: Kheron Bisoondyal, Fizal Kowlessar, Roopnarine Sukha, Lance Bostswain, Mohan Premchand, Joseph Mc Pherson, Narinedatt Khemraj, Satesh Jagnarine, Marlon Durant, Dennis Kippy, Shawn Bess, Nigel Gangadin, Damon Jagnarine, Khemraj Balkarran, Waquar Baksh, Bhojnarine Ramkisson, Satesh Sanichara, Lance Boason, Ratan Singh, George Southwell, Deochan Premchan, Bhojnarine Ramkissoon, Doman and Satesh Jagnarine.
The incident is said to have occurred September, 4, 2023, at No. 2Village East Canje Berbice when the crowd of striking sugar workers were protesting for better wages and conditions. In his no case submission, Ramjattan told the Magistrate on the thirteenth day of the protests, there were approximately 80 to 100 sugar workers. He noted the charges alleged that around 8:45am some of the persons started to burn wood, break stall, putting wood on road and behaving generally in a disorderly manner.
Ramjattan pointed out that the police claimed during that time “the protestors pelted bricks, bottles, lighted newspapers on public road.” He said “They claimed that ‘Public Order Unit went into action with shield and other equipment. A number of persons were arrested and escorted to Central Police Station. Road was cleared by Police, and a state of normality returned and traffic started to flow.’”
The lawyer pointed out too that the police claimed that they then warned the crowd, and asked that they go home but they did not. He said that the police claimed too that the protestors paid no heed when they were asked to disperse.
However the lawyer noted in attempting to identify the persons arrested, the main police witness had to be refreshed as to their names. And though the witness said he knew them because they were striking three weeks before, this witness could only identify a few of the men.
Additionally, the when videos were shown to the Court, there was no one in the videos which matched anybody who was charged with the four offences.
According to Ramjattan neither the police witness nor the prosecution through any other witness! The images in the video were of other persons. It was on this evidential insufficiency or deficit that this no-case submission is made.
He stressed that none of the other witnesses called, and there were several, ever identified individually each of the persons who have been charged here.
“Neither did any witnesses identify what actually each defendant was doing so as to place culpability individually on to them. This challenge of not being able to with any particularity, identify that did what as regards the four offenses has created a very tenuous case for the prosecution,” the lawyer stated.
Similarly in her submissions on behalf of Doman and Satesh Jagnarine, Ms Artiga noted that there was no direct evidence linking the two men to the unlawful; obstruction of traffic on roadway or any of the other offences they have alleged to have committed. Specifically, Artiga said there was no photographic evidence linking her clients to the events that allegedly occurred. After reviewing the case and taking into consideration the submission Magistrate Mathias freed the men on the grounds of insufficient evidence.
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