8 on trial for 2005 murder of estate agent

A FORMER soldier is the State’s main witness against eight men who have gone on trial for the 2005 murder of real estate agent Gerald Gopaul. The ex-soldier was convicted and served jail time in the United States for conspiracy to engage in hostage-taking and hostage-taking resulting in death

The eight – Kenneth Pierre, Paul Bodoo, Ricardo Stephenson, Clifford Sorias, Marvin Critchlow, Kendall Joseph, Sherwyn Crystom, and Kendell Davis – were arraigned on Monday before Justice Norton Jack and a panel of 12 jurors and six alternates at the Hall of Justice in Port of Spain.

The eight are indicted for Gopaul’s murder, which took place on a date unknown between July 7 and20, 2005.

Gopaul, 52, was abducted from the Diamond Recreation Club, Diamond Village, and his body found 11 days after at Trantrail Road, St Augustine, wrapped in green plastic.

He was beaten to death, senior prosecutor Giselle Ferguson-Heller told jurors during her opening speech.

As she gave a synopsis of Gopaul’s kidnapping and the players allegedly involved, Ferguson-Heller admitted that “in plain talk,” the State’s case stands or falls on the testimony of ex-soldier Jason Percival, who she said was in the “thick of things.”

“Is he a saint? Far from it,” she told the jury, adding, “Do you expect to detailed evidence from a priest, a pundit, a bank manager or a teacher?”

She told them what they could expect was a “ball by ball from the belly of the beast.”

According to the prosecutor, Percival was present when several ransom calls were made to Gopaul’s relatives, he was present when instructions were given for them to pick up a cellphone, was there when the cellphone was dropped off, was there when Gopaul was kidnapped from the recreation club and had also told a superior officer of his in the army where the real estate agent’s body was dumped.

She admitted that the State had no evidence of who killed Gopaul, but said it “doesn’t matter,” since the prosecution’s case against the men fell under the felony murder rule. The felony murder rule applies when someone commits an arrestable offence and someone dies. Ferguson-Heller said it did not matter if the eight men either had the intention to kill Gopaul, or to cause him grievous bodily harm.

“The State cannot say who killed Gerald Gopaul,” she said, telling the jury that he was targeted because he had properties all over. Other than Percival’s evidence, the State will also seek to rely on statements allegedly given by the men, including one of them who took police to the location where Gopaul was held and where his body was found."

Ferguson-Heller said each of the eight men accepted a mission as part of a “well executed operation” to kidnap Gopaul for ransom. She said every detail was mapped out and their roles were made very clear to them.

“What they did not count on was a double agent – Jason Percival.”

Also involved in the “well executed operation” were two Defence Force Special Forces soldiers, one of whom is on trial.

The trial continues on Tuesday.

Also appearing for the prosecution is senior state attorney Anju Bhola. The men are represented by a team of attorneys who include Pamela Elder, SC, Evans Welch, Wayne Sturge, Mario Merritt, Hasine Shaikh, Richard Clarke-Wills, and Stephen Wilson.