2 accused in Dana's murder inquiry to begin their defence next week

THE ten men charged with the murder of senior attorney and former independent senator Dana Seetahal, SC, have not yet been formally committed to stand trial.

On Wednesday, senior magistrate Indrani Cedeno was asked not to make the committal orders since two of the men said they intended to call witnesses at the inquiry.

Instead, a date was set for the testimony of Devaughn Cummings’ and Gareth Wiseman’s witnesses, which includes acting Prison Commissioner Dennis Pulchan who Wiseman wants to give evidence.

Earlier, there were strenuous objections from the defence against her proceeding with their cautions since they have both filed a judicial review application in the High Court challenging her ruling on their no-case submissions last week.

At a sometime heated virtual court session, defence attorney for the two Mario Merritt asked the magistrate not to proceed with Cummings’ and Wiseman’s committals. He said the matter was docketed to Justice Avason Quinlan-Williams and all they were now waiting on was a date for the hearing of the application.

But in objection to the court truncating the committals, lead prosecutor Gilbert Peterson, SC, and Assistant Director of Public Prosecutions George Busby urged the magistrate to press on.

Peterson pointed out that there was no stay granted by the High Court while Busby accused the defence of engaging in delaying tactics.

After complaining that he was not able to visit his clients, Merritt was given an hour by the magistrate to go to the prison to meet with the two men. In standing the matter down, Cedeno said the matter had “gone on for long enough.”

“You were given enough time and you wait until today to tell the court not only about intended judicial review proceedings but that you did not get an opportunity to advise your clients. This is not the time to do that. That’s why we have all these things in place.

“When lawyers can’t comply with court orders you have duty to inform the court of difficulties for the court to make a decision. It is improper to come now and to tell the court these things. Every time it is an adjournment. Adjournments are delaying this matter and is putting a strain on other matters. There are other people waiting on hearings. Every time this court sets this matter for hearing, another matter has to be adjourned and this impacts the administration of justice overall,” Cedeno said.

When the matter resumed, she cautioned all ten men individually. All said they would not be testifying and would write to the DPP in ten days to give their notice of alibi.

With only Cummings and Wiseman saying they will begin their defence at the inquiry, they asked that the summonses be issued.

Wiseman, appeared frustrated, used obscene language, and refused to answer the questions put to him by the magistrate. When asked about his alibi, he said he was at a beach house in Mayaro. He later admitted he was being sarcastic. “I have no alibi. How could I have an alibi? I have been in the prison for 17 years. Just hurry up and sign the thing nah. Send my case upstairs,” he said.

Some of the others said they reserved their defence for a “just court” and was not giving evidence to an “unjust court.”

They all refused to sign their caution forms which were individually taken to the three prison locations by registrars of the court.

Cedeno adjourned the matter to next Wednesday so the two men could begin their defence.

Last Friday, Cedeno ruled she she found that a prima facie case had been made out by prosecutors against the ten men.

She also found that a prima facie case had been made out against former LifeSport co-ordinator Rajaee Ali on the charge of being a gang leader.

In her oral decision, Cedeno said of the evidence, “The court, on examination of the evidence, there is indeed an abundance of evidence to support a prima facie case as charged.”

She said the evidence revealed a pre-conceived plan to murder Seetahal who was targeted and tracked down.

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.

Also representing the prosecution are Elaine Greene and Andrea Johnson while defence attorneys Randal Raphael and Roshan Tota-Maharaj are also part of the defence team.