Prosecutor in Dana Seetahal PI: Overturn no-case submissions

PROSECUTORS on Thursday presented the second part of their response to the defence’s no-case submissions in the preliminary murder inquiry into the death of Independent senator Dana Seetahal, SC.

The State’s response was contained in a video presentation of evidence it is relying on in its prosecution of ten men charged with Seetahal’s murder.

The video presentation was narrated by Assistant DPP George Busby who went through evidence against the men and how each accused was linked to the murder. Last week, Busby made oral submissions on the law with the aid of speaking notes which was shared on screen for the court and the defence to follow.

Thursday’s hearing was held virtually before presiding magistrate Indrani Cedeno, who is in Tobago, and who was in her office at the time of the hearing while most of the accused were in three separate rooms at the prison set up for virtual hearings.

Busby, lead prosecutor Gilbert Peterson, SC, and special prosecutor Elaine Green appeared to be at their individual law offices while one of the defence attorneys, Roshan Tota-Maharaj was at his.

Virtual court hearings were established as part of the Judiciary’s covid19 emergency measures. The virtual hearings have also eliminated the need for the police to block off the streets of Port of Spain surrounding the Port of Spain magistrates’ when the matter is scheduled for hearing.

Busby’s video presentation lasted three hours and at the end of it, he said the defence’s no-case submission should be overturned. He also advised that all evidence in his video presentation was obtained from evidence led during the preliminary inquiry which began in 2015.

He accused the defence of trying to delay the process by its request for time to make submissions to challenge the prosecution’s interpretation of the evidence.

Busby was responding to a submission by Tota-Maharaj that the defenced needed time to go through the video presentation so that it can advance what it believes is the correct interpretation of the evidence. Tota-Maharaj also asked for a copy of the presentation.

Cedeno agreed with Busby that the question of interpretation and inferences had nothing to do with what the court has to determine at this stage – which is to say if there is sufficient evidence on which a jury can convict.

Despite this, Busby agreed to provide his video presentation on a flash drive by Monday, after which the defence will present their final responses next Friday when the matter resumes.

Before the court are Rajaee Ali, Devaughn Cummings, Ishmael Ali, Ricardo Stewart, Earl Richards, Gareth Wiseman, Hamid Ali, Kevin Parkinson, Leston Gonzales, Roget Boucher. Stephan Cummings was discharged of Seetahal’s murder in December 2017, after the DPP exercised powers under section 90(c) of the Constitution and discontinued proceedings.

Instead, Cummings was charged with conspiracy to murder and turned state's witness against his brother and the others. Seetahal was shot dead on May 4, 2014 in Woodbrook as she made her way home.