Sean Luke trial: Defence points fingers at state witness

CLOSING addresses have begun in the Sean Luke murder trial with attorneys for one of the men charged with the boy’s brutal murder in 2006, urging the judge, who is also the jury in the case, to be “cold and clinical” in her deliberations.

Akeel Mitchell and Richard Chatoo are before Justice Lisa Ramsumair-Hinds at a judge-only trial. As there is no jury, the judge has to direct herself on the law and the evidence to determine the men’s guilt or innocence.

She has already said she will give her verdict on July 23.

On Monday, Mitchell’s attorney Mario Merritt put forward his final comments on the prosecution’s evidence.

He admitted Luke’s death evoked strong sentiment far and wide.

“Even in the diaspora they have strong feelings.”

Merritt said the trauma experienced as a result of Luke’s death was not short-lived but lasted a long time, “and even to this day it affects people strongly.”

But, he said, despite the strong and impassioned sentiments, which could be devoid of logic, the court could not be blinded by the same tunnel vision as the wider public.

“Society may want its pound of flesh, but the court does not have that luxury,” he said, as he urged the judge not to become Pontius Pilate and give the public what they want.

He said the law required “compelling, convincing, cogent and unambiguous” evidence to prove guilt, and the State failed to provide that.

He likened the State’s case to a stillborn child, failing from the very beginning to provide the evidence to prove his client’s guilt.

“The State brought the charges and the State must prove the charges without doubt.”

He said there was nothing to prove Mitchell killed Luke.

As he took the judge through the evidence of the prosecution’s two main witnesses, Avinash Baboolal and Arvis Pradeep, he said it was not fanciful to believe that Baboolal was there when Luke was killed in the canefield close to his home on the evening of Sunday, March 26, 2006, because the DNA evidence led by the State pointed to a third, unknown person being present.

Both Mitchell’s and Luke’s DNA profiles were identified on the dead boy’s underpants. A third profile was unknown.

He said that Mitchell’s semen was found on the boy’s underwear did not mean he killed him or even that he sexually assaulted him. Merritt said the science only proved semen was found, but could not say when it was put there.

“It could have been long before the murder was committed.”

Merritt also maintained the police who investigated the case failed miserably in verifying crucial information given to them about the last time Luke was seen. He said this could have led to the actual killer or killers being found.

He said they convinced themselves it was “the black boy” who murdered Luke.

Testimony was led at the trial that Luke was seen with a tall man, dressed in white, in a track in the cane field.

He said this person could have been Baboolal.

Baboolal had testified that on March 26, 2006, he, Mitchell, Chatoo, Luke, Pradeep and Chatoo’s nephews went on a fishing trip at a river, close by. They all lived at Orange Valley West, Couva.

To get to the river, they had to walk through a cane field. but while on their way, he said, Mitchell and Chatoo went into the cane with Luke.

Some minutes later, only Mitchell and Chatoo came out and he claimed the latter told him Luke was “taking a poop and will go back home after.”

Merritt said he was convinced Mitchell was not present on the trip and that Baboolal had some sort of role to play in the child’s death.

He also pointed to a statement Baboolal gave that Luke was at his house and had gone home when the village began looking for the boy. He also said in his initial statements to the police, Baboolal did not call Mitchell’s name.

Merritt accused the police of introducing his client’s name and it was only then Baboolal claimed to have seen Mitchell and Chatoo going off into the cane with Luke.

“I am asking the court to look at Avinash Baboolal with real suspicion, based on his evidence."

Merritt pointed to Pradeep’s evidence that after reaching the river, Baboolal left the group and returned some time later.

He also said in Chatoo’s evidence, Mitchell was also not present, as Baboolal had claimed. The defence attorney labelled Baboolal a “racist” who did not want his client in the village.

He said even Luke’s mother said when she saw the boys, Mitchell was not with them, but was sitting by a shed close to her yard.

When the trial resumes on Wednesday, Chatoo’s attorney, Evans Welch, will make his closing submissions.

Assistant DPP Sabrina Dougdeen-Jaglal will get her turn on Friday.

Luke’s body was found on March 28, 2006, close to his home, two days after he went missing.

Mitchell and Chatoo are also represented by attorneys Kirby Joseph, Randall Raphael, Kelston Pope, and Gabriel Hernandez.

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