Ex-murder accused released from prison

ONE of eight men convicted for the killing of San Juan businesswoman Samdaye Rampersad in 2005, who won his appeal against his conviction in June, has been released from prison.

Steve McGillvery was successful at his appeal in the Privy Council, which reserved its decision on a possible retrial and had asked for further submissions.

In a recent ruling on the issue of a retrial, the Judicial Committee of the Privy Council held that since the State was not seeking a new trial for McGillvery, it was ordering his release from custody.

Newsday understands he was released after the court’s decision.

McGillvery was allowed to belatedly join the appeals of his two other co-accused, Vivian Clarke and Pernell Martin, after he escaped prison and was recaptured in July 2017.

Clarke and Martin were not successful in their appeals in the London court,which held “that no substantial miscarriage of justice has actually occurred” at their trial.

The three were convicted of manslaughter and sentenced to 30 years in prison at a trial in 2009. Another accused, Bobby Sankar, was acquitted during that trial and five others were put on two other trials – the last of which ended in 2016.

The other five – Phillip “The Boss” Boodram, Roger Mootoo, Ricky Singh, Kervin Williams and Aaron “Arc Eye” Grappie – were each convicted of manslaughter and sentenced to 28 years in prison. Their appeals are currently before the Court of Appeal, which has reserved its decision.

Rampersad was kidnapped by masked men while standing in front of her home in Petit Bourg, San Juan, on November 25, 2005.

Her body was found 41 days later in a shallow grave in a cashew field in Carolina Village, Claxton Bay. Her brother Mervyn was contacted several times after his sister’s kidnapping by a man who demanded a $2 million ransom for her safe release, although at that time she was already dead.

Forensic pathologist Hughvon des Vignes testified that an autopsy showed Rampersad died of asphyxia and suffocation consistent with being buried alive.

In his testimony, the State’s main witness against the men, Nigel “Cat” Roderique, claimed he was present at a meeting at which the kidnapping was planned, and at Rampersad’s eventual death. He also alleged that Rampersad was kidnapped because he and the men wrongly believed she was the mother of a man who owed them money for drugs.

It was the prosecution’s case that Boodram orchestrated the plan and McGillvery, Martin and Clarke kidnapped Rampersad and handed her over to other gang members who threatened, assaulted and ultimately killed her.

At their trial, they argued their involvement ended once they handed over the victim.

At their appeals, they challenged the judge’s ruling at their trial on the issue of cross-examining of Roderique on three statements he gave in relation to another murder to which he pleaded guilty. At the trial of Boodram and the others, the judge presiding over that case allowed cross-examination on matters which the first judge had ruled inadmissible.

Roderique claimed that on November 25, 2006, at Pranz Gardens, Boodram said he wanted to kidnap Rampersad so that the debt her son allegedly owed him could be paid.

Roderique claimed he gave Clarke two guns and the next evening, the latter called him to say, “The bread is in the oven” (the pre-arranged signal that the kidnap had taken place). He also claimed Martin and McGillvery then delivered Rampersad to a village by Bobby Hill, Claxton Bay.

On November 27, he testified that all the men, except Clarke, Martin and McGillvery, were at the cashew field where Rampersad was assaulted, died and was buried.

McGillvery gave a statement to the police saying he had been asked to take part in a kidnapping, but had refused. He also said he was in a different car at the time of the kidnapping and while he knew about it, did not take part.

In its ruling, the Privy Council also held that Martin and Clarke could not appeal against sentence on the ground that there was a discrepancy between the sentences imposed on them and the sentence imposed on the other five at the third trial.

The men said the failure of the first judge to allow them to cross-examine the prosecution’s main witness was unfair.

It was on this argument that Clarke and Martin were unsuccessful, as the Privy Council held in both their cases the test for manslaughter had been met, since they were aware that the kidnapping was likely to be a violent affair, and scientific evidence established that Rampersad’s death occurred during the kidnapping, since they both gave statements on their role in her abduction.

In McGillvery’s appeal, the law lords accepted that cross-examination of Roderique should have been permitted to determine if he was capable of inventing elaborate lies and had a bias so he could receive an advantage with the prosecution for the Allen murder.

They further agreed if Roderique’s evidence against McGillvery on his participation in the kidnapping had been left out of the trial, there was no basis on which his conviction could be upheld.