Verdict in Sean Luke trial expected on July 23

A verdict is expected later next month in the trial of two men accused of murdering six-year-old Sean Luke, more than a decade after he was killed in March, 2006.

Luke died from internal chest and abdominal injuries caused by a cane stalk being inserted into his body cavity from the anus. His body was found on March 28, 2006, in a cane field close to his home, two days after he went missing.

Akeel Mitchell and Richard Chatoo, who were both teenagers when they were charged with the boy’s murder, deny the charges. They have opted for a judge-only trial and their fates will now be determined by Justice Lisa Ramsumair-Hinds who will give her verdict on July 23.

Before that, she will hear the closing addresses of their attorneys, starting with Mitchell’s on July 5, and ending on July 9, with the prosecution.

The dates for the closing addresses, the judge’s verdict and an "ensor" hearing to discuss the issues in the case to assist the judge to properly direct herself on the law, were firmed up at Monday’s hearing after Chatoo completed his testimony.

He repeatedly denied playing any role in Luke’s murder.

“I never played no role (sic) in his death. I never had sex with him and nobody had sex with him in my presence,” he said in testimony on Monday.

He began his testimony on Friday in his defence in which he is alleging the statements were fabricated by the police and adduced as a result of oppression, trickery, force and inducement.

Mitchell has stayed silent and has only called one witness in his defence in which he has advanced an alibi, claiming he was at Chatoo’s home at the time it is alleged they killed Luke.

Chatoo previously testified that he “make up a statement” of what happened so he would not be charged by the police.

He said police told him he would not be charged for Luke’s murder, but would be a witness in the case if he accused Mitchell of the crime. He also said it was for this reason, he consented to having his blood taken for a DNA analysis.

The results of the DNA tests showed Mitchell’s profile on spermatozoa found on Luke’s underpants, but did not link Chatoo’s DNA to the item of clothing.

Chatoo, now 31, was 16-years-old when he was arrested and charged. Mitchell was weeks shy of age 14.

In both his evidence in chief and in cross-examination, Chatoo said he concocted a story based on what the police told him to say.

On the day Luke went missing – March 26, 2006 – Chatoo said an older neighbour, Avinash Baboolal, asked him if he wanted to go fishing with him and another boy from the area, Arvis Pradeep.

Both Baboolal and Pradeep have testified for the prosecution, claiming Chatoo and Mitchell took Luke into the cane field. Neither saw Luke return from the cane field.

Chatoo said he called his ten-year-old and seven-year-old nephews to go with them on the fishing expedition, while Mitchell stayed back.

On Monday, he insisted neither Mitchell nor Luke went with the others to fish.

“Akeel never came with us and there was no plan,” denying suggestions by assistant DPP Sabrina Dougdeen-Jaglal that he took his young nephews along to ensure Luke joined them since they were closer to his age.

“No, I just wanted to have some uncle time with my nephews and them.”

He also denied suggestions that his role consisted of holding down Luke’s hands while Mitchell buggered him and bending the child over for the other to insert the cane into his anus.

After his cross-examination by the prosecutor, Mitchell’s attorney had no questions for him and he was briefly questioned by his own attorney, Evans Welch, before the judge formally ended evidential session by saying, “That is all the evidence we are to take in this trial.”

Mitchell attempted to say something, but was stopped and advised to speak to his attorneys.

“You elected a particular course and that requires us to take a certain course of action. We have done that already. If it is something you feel you must tell me as the judge in case, don’t say anything more,” he was told by Ramsumair-Hinds.

The matter now proceeds to Wednesday for the “ensor hearing,” which will be followed by the closing addresses, starting on Friday.

Mitchell and Chatoo are represented by attorneys Mario Merritt, Evans Welch, Kirby Joseph, Randall Raphael, Kelston Pope, and Gabriel Hernandez.

Also appearing for the prosecution are state attorneys Anju Bhola, and Sophia Sandy-Smith.