Tag: San Fernando High Court

Princes Town couple get 29 yrs for ex-fireman's murder

A PRINCES TOWN couple who killed the woman’s previous abusive boyfriend have been sentenced to a total of 29 years for their roles in the businessman’s murder.

Dwayne Baldeo and Renee Mohammed were sentenced by Justice Mauricia Joseph-Patrick in the San Fernando High Court for the October 28, 2020, murder of Christopher Hosein.

Hosein, 45, a businessman, who resigned from the Fire Service about ten years ago, lived at St James Street in Princes Town. There, he ran his business, Expert Fire and Safety Ltd. A farmer found his burnt body near his burnt Kia Sorento in a gravel road off the M1 Tasker Road in the Ste Madeleine police district. A yellow rope was tied around Hosein’s neck, his hands were bound, and his eyes were covered with duct tape.

Police investigations quickly focused on Baldeo and Mohammed after CCTV footage, witness accounts, and forensic evidence linked them to Hosein’s apartment. A white Toyota Fielder wagon driven by Baldeo was intercepted later that day, and items belonging to the deceased were recovered. A post-mortem examination determined that Hosein died from a combination of asphyxia, inhalation of soot, burns, and blunt force trauma to the head.

Baldeo and Mohammed both pleaded guilty to murder on the basis of felony murder under a plea agreement with the Office of the Director of Public Prosecutions.

The agreement followed their indictment on June 18, 2024, for Hosein’s murder of Hosein. In sentencing the two, Justice Joseph-Patrick adopted a starting point of 33 years’ imprisonment for both. Baldeo benefited from a downward adjustment of three years for his conduct while incarcerated. A further one-third reduction was applied for his guilty plea, amounting to ten years. After also taking into account time already spent on remand of almost five years, Joseph-Patrick imposed a final sentence of a little over 15 years’ imprisonment.

Baldeo was represented by Rajiv Persad, SC, and Ajesh Summesar.

Mohammed’s starting point was also reduced by three years for remorse and positive conduct in prison. An additional one-year reduction was granted in light of her background, personal history, and immaturity at the time of the offence. She was 23 at the time. A further one-third reduction for her guilty plea, amounting to nine years and eight months,was applied. After credit for time spent in custody, Mohammed received a final sentence of slightly over 14 years’ imprisonment.

She was represented by attorneys Michelle Ali and Kameika Peters of the Public Defenders’ Department.

In an affidavit placed before the court, Mohammed described a deeply troubled personal history, including childhood sexual abuse and a turbulent, on-and-off relationship with Hosein. She said aspects of that relationship caused past trauma to resurface and contributed to her emotional state at the time.

Mohammed admitted she and Baldeo were also in a tumultuous relationship. He helped her and her mother financially and with errands. She said it was never her intuition to lead him on, but she now realises she was wrong for entertaining his advances. She detailed incidents in which she alleged he had previously assaulted her, leading to serious injuries and extended hospitalisation.

According to Mohammed, after her release from hospital she moved in with Hosein due to her physical condition and financial dependence. She said she also suffered abuse by Hosein while recovering from her injuries.

She claimed that she later disclosed her experiences to Baldeo, who offered to “rough up” Hosein. She admitted accepting that offer and helping to plan the encounter, but maintained that she did not intend or expect Hosein to die.

“I understand that I was a party in the act that caused the deceased to die,” Mohammed stated, “but I had no intention or knowledge that he was going to die.”

She described the past five years in custody as “a nightmare” and expressed remorse for her actions.

Fyzabad man freed of causing death by dangerous driving charge

A man from Fyzabad, who was charged with causing death by dangerous driving in connection with a 2009 crash, has been discharged after a sufficiency hearing before a master in the San Fernando High Court.

On July 17, Maurice Alexis, of Seelal Trace, Pepper Village, was discharged by master Adia Mohammed, ending a legal matter that spanned over 15 years.

Attorney Quincy Marshall represented the accused.

Alexis had been charged under Section 71(1) of the Motor Vehicle and Road Traffic Act, after the death of Christiana Griffith on March 9, 2009, in an accident at Mosquito Creek, La Romaine, in the South Magisterial District.

An inquest into the fatal crash before magistrate Indira Misir-Gosine was completed years later, on March 23, 2017, when he was issued a warrant of apprehension.

Alexis was charged on January 31, 2019, and initially faced a magistrate in the San Fernando Traffic Court.

In 2024, the matter was transferred from the magistrates’ court to the High Court according to new legislation under the Administration of Justice (Indictable Proceedings) Act (AJIPAA), after an application filed by Marshall on March 27, 2024.

AJIPAA was proclaimed on December 12, 2023, by President Christine Carla Kangaloo. This legislation was enacted to alleviate the backlog and reduce wait times in the court system at the magisterial level. All indictable cases now go straight to the High Court before a master.

An indictment was filed against Alexis on December 9, 2024.

The prosecution tendered eight witness statements.

However, after the presentation of evidence, Alexis was ultimately discharged by the court.

Man sentenced to hang for 2010 Marabella double murder

A man from South Trinidad has been sentenced to hang for carrying out a bold daylight execution that claimed the life of a Marabella man and an innocent mother of four in 2010.

On April 16, a jury in the San Fernando High Court found Dane Shand guilty of the murders of Anton “Jim” Jones and Sandra Henry, a bystander from Cocoyea. Justice Hayden St Clair-Douglas handed down the death sentences for the brutal killings, which took place on December 19, 2010.

At the time of the killing, eyewitnesses said Jones’ body caught on fire after he was shot multiple times using high-powered assault rifles. He was the target but Henry, 84, of Dallas Avenue, Cocoyea, who was walking with her sister to pay a bill, was also sprayed with bullets. After Jones fell, the gunmen pumped several more bullets into him, running off when his body caught on fire.

A worker at a nearby mall had to use a fire extinguisher to put out the flames. Jones’ head and face were blown to pieces which splattered all over a car and the ground.

There were 22 witnesses at the trial and Shand did not testify at the trial nor did he call any witness in his defence.

State attorneys Kimberly Gunness and Tricia Samuel prosecuted while Sophia Chote, SC, represented Shand.

2 face San Fernando master on robbery charge

TWO men have appeared before a High Court master charged in connection with a robbery at gunpoint at a convenience store in Penal last month.

Rondell Pierre, 29, and Kyle Williams, 35, both labourers of Cipero Road in Borde Narve Village, appeared before master Indira Chinebas in the San Fernando High Court on April 2, charged with robbery with aggravation.

The master granted bail in the sum of $85,000 each and transferred the case to the Siparia Magistrates Court for the accused men to appear on April 30.

The police contend that the charge stemmed from a robbery at a convenience store at Clarke Road in Penal on the afternoon of March 5.

The victim, a female cashier, was working when two men, one with a gun, walked into the business and announced a hold-up.

The men allegedly stole $1,500 from the cash register, which represented the day’s sales, before fleeing in a brown Nissan Note.

A report was made to South Western Division (SWD) police and PC Khaleel, under the supervision of Snr Supt Thompson, Supt Sookdeo, ASP Forbes, Insp Prescott and Cpl Gaffar, investigated.

After gathering evidence and consulting with the legal officer of the SWD, Cpl Salazar, instructions were given to charge Pierre and Williams.

La Romaine man to pay stepson $40k for 2023 stabbing

A man who stabbed and wounded his stepson in a fight at the family’s home in La Romaine in 2023 has been ordered to pay him $40,000 in compensation.

On February 19, Justice Nalini Singh in the San Fernando High Court passed the sentence after Jason Small pleaded guilty to wounding with intent to cause grievous bodily harm.

Small has until December 31 to pay. The judge also ordered a protection order for the victim for three years.

Attorney Shanelle Kissoon represented the State, and attorney Kiran Panday represented Small.

The court considered that he had moved out of the house and agreed to the protection order and pay compensation.

The police contended that the stabbing occurred at around 4.30 pm on December 26, 2023, at Hector Street, La Romaine.

There was an altercation that escalated, and the victim was stabbed in the left side of his chest.

Small left the house and a report was made to the San Fernando police.

His injured stepson was taken to the San Fernando General Hospital, where he was treated and warded.

The next day, Small was detained.

When the police told him of the matter being investigated, Small said he and his stepson’s mother were fighting.

The stepson tried to part them and was stabbed.

Small told investigators, “All three of we was arguing and we end up in a fight. All of we was in the kitchen and I grabbed a knife from by the sink. Two of them was still coming at me, so I swing the knife at them.”

Freeport man released on licence after 18 years in prison for 2006 murder

A Freeport man who admitted his role in the brutal 2006 murder of a Penal resident has been released on licence after serving 18 years in remand.

Dilion Ramnath, who was 17 years old at the time of the crime, pleaded guilty in the San Fernando High Court and was ordered released on licence by Justice Gail Gonzales.

Ramnath and two accomplices were charged with the murder of 26-year-old Toolsie Ramkissoon, who was beaten, tied up, held underwater, and buried alive in a shallow grave along Penal Rock Road.

Ramkissoon was last seen alive on July 2, 2006, after visiting his brother’s house along Penal Rock Road. His decomposed body was found weeks later in a forested area, but the State’s pathologist could not determine the cause of death owing to the body’s condition. Medical reports indicated he had suffered broken limbs and other injuries consistent with a severe beating.

In her ruling, Justice Gonzales considered Ramnath’s age at the time of the crime, his conduct during his 18 years in prison, and his efforts at rehabilitation. She acknowledged that as a minor, Ramnath could not face the mandatory death penalty under the Children’s Act.

The judge also noted Ramnath’s remorse, reflected in a letter of apology, where he expressed regret for his actions and acknowledged how his poor choices cost him almost two decades of freedom while devastating Ramkissoon’s family.

Gonzales said Ramnath no longer appeared to be a danger to society, and his continued detention would serve no useful purpose. She warned, however, that any future criminal offence would see him returned to prison at the court’s discretion.

Ramnath’s attorneys, Jason Jackson and Krysan Rambert, highlighted his troubled background. At the time of the murder, Ramnath had left home, lacked formal education, and was associating with older, negative influences. They argued that his immaturity and lack of guidance contributed to his actions.

The court also credited Ramnath for good behaviour in prison, participation in religious programmes, and efforts to improve himself through literacy classes.

In a victim impact statement, Ramkissoon’s family said they continued to grieve his loss, with his mother dying while mourning her son.

Josanne Forrester represented the State.

San Fernando pensioner who killed nephew in land dispute sentenced

A 76-year-old San Fernando man has been sentenced to time served for a violent altercation with his nephew which led to a tragic aftermath in 2009.

In the San Fernando High Court, Justice Tricia Hudlin-Cooper sentenced Hanniff Mohammed, 74, to time served and immediately released after pleading guilty to manslaughter in the 2009 killing of his nephew Inshan Dolly, 24.

Mohammed was initially charged with murder, but was allowed to plead guilty to the lesser offence of manslaughter by provocation, under a plea agreement negotiated with the Office of the Director of Public Prosecutions (DPP).

The incident occurred on May 20, 2009, at Cottage Road, St John Village, where a family dispute over land ownership escalated. Witnesses reported that Mohammed had long claimed sole ownership of a jointly inherited property, leading to frequent conflicts. He also rented out part of the land.

On the night of the killing, a heated argument culminated in Mohammed’s fatally striking Dolly with a cutlass. Dolly was chopped on the neck and back.

Witnesses said Mohammed frequently spat on family members, including Dolly, and on the day of the incident, the two were heard quarrelling and cursing. Other family members heard Dolly complaining about Mohammed’s behaviour and cursing Dolly’s mother, threatening to kill him.

Bisram and another brother tried to defuse the situation and lead Dolly away. Dolly picked up a stone while walking away, but put it down after his father cautioned him.

Dolly broke away and ran towards Mohammed, who drew a cutlass and chopped him. Dolly fell into a nearby drain.

In court, Hudlin-Cooper admonished Mohammed, saying, “You made your anger get the best of you, and for 15 plus years, you sat in prison and still could not enjoy that piece of land.”

Mohammed had spent over 15 years on remand awaiting trial, which, combined with discounts for his guilty plea and other factors, left him with only four months and 18 days of his sentence to serve. The court deemed this effectively completed.

In a plea of mitigation, Mohammed’s attorneys, public defenders Michelle Ali and Axia Edwards, said he continued to have the support of his family and was committed to developing himself so he does not run afoul of the law again.

They said despite the rivalry among his siblings, they were eager to welcome him back home, and his son believed Mohammed had learned a valuable lesson.

He also expressed deep remorse for his actions and the loss of his nephew’s life, saying he did not intend Dolly to lose his life over his anger.

His attorneys also submitted he had diabetes, heart disease and glaucoma in his right eye which caused him serious challenges in prison.

The DPP’s Office was represented by Chanelle Moe and Jennifer Osborne.

South lawyers want San Fernando High Court reopened

THE Assembly of Southern Lawyers (ASL) has made an impassioned plea for the physical reopening and more courts in south, claiming legal professionals in the south are being treated as second-tier and litigants are being denied justice owing to the lack of physical space to hear trials.

At the ASL’s Christmas dinner on November 22 at Paria Suites Hotel, La Romaine, immediate past president Michael Rooplal said because of the lack of physical space to hear trials, accused people are now being given court dates for 2026 and beyond.

“We must recognise the southern legal community is being treated as second-class citizens, second-class lawyers, by the powers that be.
“We continue to not have any operational courts in San Fernando and the time has come for us to consider some other means to drive the point home and for citizens and legal practitioners south of the Caroni River to be taken seriously,” he said.

ASL president Saira Lakhan, in her address to the audience, which included former attorney general Anand Ramlogan, SC, Israel Khan, SC, and Fyzabad MP Dr Lackram Bodoe, said, “The reality is the San Fernando High Court has been closed (since August 2023) and there have been no frequent updates from the judiciary or transparent or open updates as to when that court will be reopened or whether an alternate court could be used.”

Infrastructural upgrades was the reason given for the closure of the High Court.

The San Fernando magistrates court was also torn down after an earthquake caused structural concerns, and a new district court was promised,

Rooplal, in an interview on November 23, said this is highly unacceptable.

After the demolition of the old magistrates court on Harris Promenade and Penitence Streets, Rooplal recalled then AG Faris Al-Rawi “promised, with a lot of fanfare and flair, a district court.

“That district court was supposed to be opened two years ago.

“The foundation is there, but there is no structure. Nothing is going on. There is security there at nights, but we have no word as to what is taking place with a court for San Fernando.”

He said letters written to the CJ during his five years as ASL president, “on pertinent issues affecting southern lawyers, never received a response from the CJ. I got acknowledgement e-mails from his assistant that the letters were received.”

Rooplal said the southern community, as far as Cedros, Point Fortin, Rio Claro and Mayaro, was being served by two courts in Princes Town for trials by jury in assize matters.

The old Princes Town court is no longer operational, and a district court is now used to service the entire southern area.

There is one other court set up for trial at the UTT facility in O’Meara, along with courts at the Port of Spain Waterfront.

“This is wholly insufficient.”

He said the Medina Building, San Fernando, has three rooms available, of which only two are in use, and it is being used as a virtual access centre (VAC) when witnesses have to give live evidence.

“A lot of magistrates use this facility, but no in-person trials take place within these walls. It is a very strange circumstance with no operational civil or criminal courts.”

Harping on the inadequacy of this situation, Rooplal gave a personal testimony about some of his clients who had been waiting for 20 years to have a matter heard. He said the matter was fixed for March 2024 at Princes Town, but a week before the trial, the matter had to be adjourned.

“So from March 2024, my clients now have a date in November 2025, which was the earliest date available.

“The issue really is alarming. We have a situation where in January 2024, the Administration of Justice (Indictable) Act (AJIPA) was proclaimed and brought into force.

“What that has done, it has removed the bottleneck that was in the magistrates’ courts, in terms of preliminary inquiries, and brought it into the High Court. What in turn has happened is that now sufficiency hearings are taking place, and the Masters of the High Court would then make a determination as to whether there is a case to be answered and then transfer the matter to a judge.

“So the bottleneck has been shifted from the magistrates’ court to the High Court.

“Apart from that, although we have had legislative change, physically, in terms of the resources, building resources, they are the same.

“So it is really a situation where, yes, we have legislative changes being brought about, which hopefully in time would remove a lot of the obstacles in the criminal justice system, that the wheels of justice would start turning more swiftly; but if we do not have the physical resources, both in terms of building, staff, even the DPP’s office in terms of prosecutors, then the legislative changes would amount to nothing.”

Concerns over virtual court

Saying she missed the physical court, the camaraderie with fellow attorneys at the bar table, and the ability to learn from observing senior practitioners, Lakhan said, “It has become very lonely doing virtual court.”

She said virtual court cannot ascertain the integrity of certain trials, especially when the cameras are focused on one person, and there is no telling, in the absence of a court marshal, whether witnesses are being prompted.

“We are all sitting behind a screen. A lot of lawyers don’t have physical offices, they are working from home. They convert a bedroom into an office.

“The chamber system has broken down, so they are not learning from seniors. They do not have exposure.

“We have tried at the ASL to launch a mentorship programme to try to encourage the younger lawyers to reach out to senior lawyers. The reality is, with so many of them coming out, we have no avenue to really get them in a physical space to speak to them.

“We don’t even know many of these new lawyers who are coming out. Sometimes you go to court and see people on the link and you don’t even know who they are, because that sense of community has been totally lost.”

Pointing to the cohort of some 150 new lawyers who were called to the bar on Friday, Rooplal said, “In the old days, which was pre-covid, they would be able to go to court, they could sit – they did not even have to go to court for a matter. They could sit in court, learn what to do and learn what not to do. That is missing.

“Every year we are churning out over 200 attorneys. The legal profession, in my respectful view is saturated.”

Policeman seeks judicial review over transfer, disciplinary allegations

A policeman has filed an application for judicial review challenging two decisions by Commissioner of Police (CoP) Erla Harewood-Christopher.

The constable is seeking to overturn his transfer from the Police Service’s Professional Standards Bureau (PSB) to the Gender-Based Violence Unit (GBVU) of the Special Victims Department (SVD) in June 2023.

In an application filed at the San Fernando High Court on November 15, he argued that the transfer was unlawful, unfair and an abuse of power, claiming it was based on improper motives.

He is also seeking to overturn four pending disciplinary complaints filed against him by the CoP, which were submitted more than a year after the alleged incidents.

He argues that these complaints were made after an unreasonable and unlawful delay, violating his right to procedural fairness.

Through his attorneys, the applicant asked the High Court to quash both the transfer decision and the disciplinary allegations.

He contends that these actions breached the principles of natural justice and were based on irrelevant considerations.

The policeman is also seeking damages, costs, and other relief as the court may deem necessary in the interests of justice.

Attorney Gisanne Ramjit of Omega Chambers in San Fernando signed the application.

The applicant, who joined the police service in 2013 as a SRP and became a regular officer in 2018, said in June 2022, he was based at the PSB.

In June 2023, he was transferred to the GBVU.

He claims during his time at the PSB, he faced harassment and victimisation by colleagues owing to his sexuality, as he identifies as a gay man. He alleges that he was subjected to derogatory name-calling, which caused him significant mental and emotional distress.

He reported the harassment to the then-PSB head, who addressed the named officers, but according to the court documents, the heckling continued.

The application also states that he was subjected to abuse and discrimination by PSB officers due to his political views, citing several alleged incidents in 2023.

However, he was accused of misconduct, and on May 3, 2024, he received two notices of investigations against him. The investigators contend that he “stated a deliberate falsehood” to an inspector about taking time off for a medical appointment. The other allegation was that he failed to complete a report as instructed by a senior officer.

In response via a letter dated May 8, his attorneys labelled the investigations unlawful and called for them to be dismissed.

On August 14, 2024, the officer received another notice of a complaint about a WhatsApp status, as well as a meeting concerning the status comments.

The applicant has 14 days in which to file his judicial review claim.

Attorneys Michael Rooplal and Vishan Michael Gopaul-Gosine also represent the officer.

‘State witness’ cop’s lawsuit dismissed

A High Court judge has dismissed a lawsuit filed by WPC Nicole Clement complaining about the Director of Public Prosecutions’ failure to continue plea discussions, make a further plea agreement with her for financial support after the trial and for her family to migrate.

In a ruling on July 30, Justice Margaret Mohammed said Clement’s lawsuit was academic.

Clement was the State’s main witness in the murder trial against six police officers charged with the 2011 murder of three Moruga friends.

She was originally also charged with the murders of Abigail Johnson, 23, Alana Duncan, 28, and Kerron “Fingers” Eccles. The three murder charges against her were discontinued in 2012 after the DPP gave her immunity to turn state witness and testify against the six.

However, during the trial at the Hall of Justice in Port of Spain, Clement refused to testify, and was deemed a “hostile witness.”

The six officers were acquitted on November 24, 2023.

Clement had filed two separate lawsuits relating to the plea deal and her security detail at a safe house in 2022.

Justice Frank Seepersad threw out the lawsuit on the alleged removal of her security detail on November 29, 2023.

Clement is expected to reappear in the new law term before Justice Mauriceia Joseph in the San Fernando High Court on the single count of conspiracy to pervert the course of public justice. A status hearing was held on July 26.

In her lawsuit, Clement alleged there were outstanding issues with her plea agreement with the Director of Public Prosecutions. She said it made no provision for her family to join the justice protection programme (JPP) or emigrate when the matter was done, and there was no provision for a recommendation for a non-custodial sentence for her.

Clement claimed her attorney at the time assured her the outstanding issues had been raised with DPP Roger Gaspard and discussions would continue after the plea agreement was made.

She said she was prepared to plead guilty, but there were issues with the plea deal to be resolved.

In reply, the DPP argued that Clement’s claim was completely academic. He also argued Clement could not expect any concession, since she breached the agreement by not giving evidence against her former colleagues.

Gaspard also said the issues Clement raised fell outside his remit.

In explaining why she found Clement’s lawsuit academic, Mohammed said she had breached the terms of the agreement, so it would not be in the interest of justice to grant the orders she sought. Although she said there was a delay by the DPP in stating his position on Clement’s requests – they were made in 2019, but the DPP only made his position known in 2022 – it was not unreasonable, since it took the witness seven years to write to him asking for further discussions.

Gaspard also contended he could not and did not agree with any proposal that fell outside the Plea Agreement Act. He also explained that the Justice Protection Act established an entire programme to protect certain witnesses and others, and he did not have any control or authority over whether a prospective applicant was accepted in the witness protection programme nor a role in approving an applicant to the JPP. He said he did not have the details of her acceptance to the JPP.

Gaspard also said he could not give an inducement, or perceived inducement, to a witness to give evidence for the State and in Clement’s case, he took the precaution of holding all plea discussions with her attorney.

In her lawsuit, Clement claimed she entered into an agreement with then-assistant commissioner Raymond Craig for her to plead guilty to conspiracy to pervert the course of justice, and the three murder charges would be dropped against her once she turned state witness and testified against her former colleagues.

Her lawsuit claimed plea negotiations began with the DPP in 2012.

While under protection, she was moved from safe house to safe house because of living conditions and security concerns.

In April 2023, she left one safe house as she no longer felt safe, and said she lost faith in the JPP to provide security for her and her daughter.

She went to the St Clair police station, where she stayed from April 28-June 2, 2023, before she had to leave. She relocated to east Trinidad at her own expense.

On September 29, 2023, she sent a message to officers at the homicide office in San Fernando that she would surrender once a warrant of arrest was issued for her. Having heard nothing, she surrendered at the Arouca police station in November 2023 and appeared in court on a bench warrant to testify at the trial.

Although Mohammed said Clement could not be faulted for filing the lawsuit, since she did not get a response to her pre-action letter in the prescribed time, she would have been aware by November 2023 that she was in breach of the agreement so the DPP and the State had to pay her costs for the work done in the pre-action stage up to July 7, 2022.

Clement was represented by Michael Rooplal, Kristy Mohan and Vishan Girwar. Ian Benjamin, SC, Keston McQuilkin and Nalini Jagnarine appeared for the DPP. Douglas Mendes, SC, Chase Pegus, Sanjiv Sookoo, Brent James and Justay Guerra represented the Attorney General.

Golconda man charged with mechanic’s murder

A 28-year-old man from Golconda in San Fernando has been charged with last year’s murder of a 44-year-old mechanic at his family’s business place.

On Friday, police from the Homicide Bureau of Investigations (Region III) charged Tevin Gilbert after receiving instructions from the Office of the Director of Public Prosecutions.

Gilbert was expected to face a master in the San Fernando High Court.

On March 18, investigators arrested Gilbert, who is unemployed and lives at Ridgewood Gardens.

The shooting happened on May 12, 2023.

The victim was at his business place at Sir Lamont Avenue in Phillipine, on the outskirts of San Fernando, where at around 4.15 pm, he was speaking to someone.

A black Nissan Tiida car stopped in front of the garage, and a gunman got out and shot Rajkumar multiple times. The gunman returned to the car, which drove off. No one else was injured.

Two days later, on May 14, Rajkumar died at the San Fernando General Hospital. The father of two lived at Union Hall in San Fernando.

Rajkumar was the brother of Ria Sookdeo, 34, of Raghoo Village in Debe, who was kidnapped on September 22, 2016.

A car blocked her path and the occupants pulled her from her car after she dropped her children to school in Picton Village. To date, her whereabouts remain unknown.

Princes Town man on fraud charge

A man from Princes Town faced a master in the San Fernando High Court on Tuesday, charged with having a fake insurance certificate.

Christopher Sookram pleaded not guilty after the prosecutor requested that the matter be tried summarily.

The case was transferred to the Princes Town Magistrates’ Court and adjourned to April 9.

Sookram was granted $20,000 surety bail.

PC Ramjohn of the Princes Town municipal police station charged him on Monday after examining the insurance certificate for the car that Sookram was driving.

It is alleged that Ramjohn, together with acting Cpl Ali and WPC Hosein, noticed discrepancies with the stamp and signature on the document.

Checks with officials from the company’s name on the document allegedly revealed that the policy number was invalid.

The matter was referred to the High Court. Based on the Administration of Justice (Indictable Proceedings) Act, 2011(as amended), referred to as AJIPAA, which was proclaimed on December 12, 2023, indictable cases go straight to the High Court, which is supposed to help reduce the delays in the district (magistrates) courts.

Meanwhile, Deopersad Durgadeen, 47, was granted $15,000 bail by justice of the peace Ramnarine Mongroo over the weekend, charged with driving under the influence of alcohol.

He was arrested in a road traffic exercise co-ordinated by ASP Guzman and led by acting Cpl Ali on March 8 along the Naparima Mayaro Road in Princes Town.

A breathalyser test on Durgadeen showed a reading of 110 microgrammes of alcohol per 100 millilitres of breath, more than three times the legal limit. The legal limit is 35 microgrammes.

Durgadeen was expected to face a Princes Town magistrate.

From the exercise, the municipal police also held a man from Indian Walk for driving without a permit and insurance certificate.

The officers also issued nine fixed penalty notices and completed ten interview forms.

Princes Town man on murder charge

A 34-year-old man has appeared before a master of the High Court charged with the murder of Shaqueal “Darko” Henry, who was stabbed in a fight in November.

On February 27, Theo Serette of Princes Town appeared before master Shabaana Shah in the San Fernando High Court.

A police statement on March 5 said the police arrested the suspect in the Mayaro district on February 22 after extensive enquiries.

Supt Dhilpaul, ASP Persad, Insp John and Sgt Bridgemohan, all of the Homicide Bureau of Investigations (HBI), Region Three, led the investigations.

PC Nelson, also of HBI, charged Serette on February 26, after he received instructions from Deputy Director of Public Prosecutions, Joan Honore-Paul on that same date.

Henry, of Glenroy Settlement, Princes Town was at a club in the district on November 2 when he and another man got into an altercation.

It escalated, and Henry was stabbed several times. The suspect fled the scene at Cacique Street.

Henry was taken to the Princes Town District Health Facility, where he died. He previously lived in Tobago but returned to Trinidad three weeks before his death.

Man, 21, in court for policeman’s murder

A 21-year-old man faced a master in the San Fernando High Court on Thursday charged in connection with the shooting death of police corporal Marlone Mitchell during a brawl outside a bar in Couva on February 9.

On February 14, the Homicide Bureau of Investigations (Region III) police got instructions from the Office of the Director of Public Prosecutions to charge Anthony Hopkins with murder.

The accused faced master Shabaana Shah in South Court B, who remanded him into police custody to reappear on July 22.

Hopkins has two addresses, one at Quarry Road in Valencia and the other at Mc Bean Village in Couva.

Defense attorney Taradath Singh represented Hopkins, who was given a summary of evidence.

The court heard the State had about 25 witnesses, and about 13 statements were still outstanding.

The prosecution was given until May 31 to file all documents, and the defense has until June 28 to file submissions.

Mitchell, who was based in the Central Division, was shot with his own gun outside Lolita Bar at the Southern Main Road, Mc Bean Village in Couva.

Reports are at around 12.55 am on February 9, Mitchell, who was off duty, was involved in a confrontation with another man at a bar.

The altercation escalated, resulting in the fatal shooting of the officer man and the police were alerted.

The altercation was partially captured on CCTT cameras.

Later the same day, at around 3.30 pm, the suspect, accompanied by his attorney, gave himself up at the Freeport Police Station.

Freeport CID, led by Sgt Harriot and W/Cpl Corban, as well as Sgt Persad, Cpl Carter, and Joseph, and other police from Central Division Task Force (Area South), went to a track off Derry Lane in Mc Bean. There they found the gun (Sig Sauer pistol) with ten rounds of 9 mm ammunition under some galvanised sheets.

Hopkins was taken to the Couva health facility for medical care.

Guapo man pleads guilty to shooting at cops

A GUAPO man who spent a little over five years in prison has been released after he pleaded guilty to shooting at the police who stopped him for driving without a seatbelt and possession of an illegal firearm and ammunition.

Kevon Baptiste was before Justice Nalini Singh in the San Fernando High Court on a four-count indictment for the incident which took place on October 7, 2017, at Gonzales Village, Guapo.

He pleaded guilty after the judge provided a maximum sentence indication (MSI) at a hearing aimed at providing an accused person with the possible sentences they are likely to receive if they chose to plead guilty for an offence for which they are charged.

Baptiste accepted the MSI which set a starting point of ten years for shooting with intent and eight for the possession of the firearm and ammunition and pleaded guilty last week.

He received his one-third discount for his guilty plea and the five years and seven months he spent on remand were also deducted from the sentences with the judge ordering his release as he has already served his time.

According to the agreed facts presented to the judge, police saw Baptiste driving along the Southern Main Road in a silver-grey car. Baptiste was not wearing a seatbelt and WPC Gordon and PC Sookdeo engaged their siren and signalled him to stop on a side road. The officers approached the car and Gordon recognised Baptiste who was asked for his permit and insurance.

As Gordon was heading to the police vehicle, she heard the revving of an engine and saw Baptiste reversing onto the main road.

They chased him and when they got to Parryland Oilfield Road, Baptiste crashed into a dirt embankment when he tried to make a U-turn.

He then exited the car and pulled out a gun, shooting at the two officers. Baptiste ran off and a young child was found in the backseat of his car.

Baptiste was later arrested and taken to the Fyzabad Police Station where he was charged by Gordon.

He was represented by public defender Shaun Morris while Charmaine Samuel and Dylan Martin represented the State.

San Fernando lawyers complain of mould in courts

The Assembly of Southern Lawyers (ASL) has written to the executive director of the Occupational Safety and Health (OSH) Agency about mould at the San Fernando High Court building.

ASL president Michael Rooplal said his executive has received several complaints from members of their feeling unwell during in-person trials in certain courtrooms in the building.

He called on the OSH Agency to urgently investigate the complaints.

Rooplal said one judge rescheduled a trial because of the mould issue in the SF10 courtroom and another also expressed disquiet about holding trials in the building because of it.

Rooplal said the ASL wrote to the Chief Justice on March 15, but has received no substantive response.

“Moreover, to the best of our information and belief, no steps have been taken by the Judiciary to investigate and/or address the said concerns,” Rooplal told the OSH Agency.

“We are sure that the OSHA would appreciate that the health and well-being of not only legal practitioners are at stake, but also those of litigants and members of the Judiciary’s staff,” Rooplal said.

He said it was ASL’s view that the building was an “industrial establishment” as defined by the OSH Act and its continued use and occupation may constitute breaches of the act.

The ASL’s letter was copied to the Chief Justice, the Law Association and ASL’s members.

In his letter on March 15, Rooplal said ASL’s members wanted the Judiciary to investigate the mould issue as it concerned the health and well-being of attorneys, litigants and Judiciary staff.

The letter also asked about in-person jury trials at the San Fernando High Court since, according to members, the travel to the O’Meara Judicial Centre was burdensome because of traffic congestion and longer travel time.

“It is likely that the jurors, who are being transported by the Judiciary to O’Meara early each morning and in the afternoons after court is completed, are also negatively impacted by the current arrangements.

“Undoubtedly, this would have a consequential effect on the administration of justice.”

Rooplal said historically there had been at least three courtrooms at the court used for jury trials and was certain that arrangements can be put in place to instal any technological requirements to remove the need to travel to O’Meara.

He also asked for an update on the new San Fernando District building at Irving and Sutton Streets, which was expected to be completed by the end of 2021.

“It appears that as at the date of this letter, construction works at the site have been paused and/or stopped completely.

“As we are sure you appreciate, there is urgent need for additional district courts in San Fernando, as the sitting magistrates in San Fernando are currently overburdened.

“Our members are therefore requesting an urgent update on the status of the construction at the said site and the revised expected completion date.

Questions have been sent to the Judiciary for comment on the ASL’s concerns.

Judge orders trial to go ahead with attorney in quarantine

A HIGH COURT judge has refused a request by a criminal defence attorney to abort or adjourn a trial before her in the San Fernando High Court.

On Wednesday Justice Lisa Ramsumair-Hinds denied the defence attorney’s request on behalf of a man on trial for indecent assault against a minor.

The jury trial began on Monday, with jurors being empanelled at the Princes Town Family Court, which is being used to facilitate jury trials from San Fernando.

Prosecutors began their opening address to the jury on Wednesday and the taking of evidence will begin on Friday.

A statement from the Judiciary said Ramsumair-Hinds ordered the trial to proceed despite the defence attorney being in quarantine.

Newsday was told the attorney has not tested positive for covid19, but is a primary contact.

The statement said Ramsumair-Hinds directed the attorney to appear remotely, from his home, for the trial until his quarantine ends, in keeping with new practice directions which allow for cases to be heard in a hybrid mode, both electronically and in person.

The latest directions allow for hybrid hearings and provide an explanation for this type of hearing. At a hybrid hearing, not everyone has to be in the same courtroom at the same time. Witnesses or jurors can appear in a courtroom while judges, the accused and attorneys can appear remotely.

The Judiciary’s statement said it reinforced its commitment to improving access to justice and reducing delays by, among other things, using technology.

It also quoted Monday’s practice directions, in which the Chief Justice “reiterated that the Judiciary must seize the opportunity to use technology to reduce delays and further improve access to justice,” the statement said.

The practice directions said the Judiciary was committed to doing everything necessary to improve access to justice and modernising its operations. It also said it wanted to expand public access to services, creating options to make accessing justice more convenient while reducing the number of people having to physically visit a court building.

In March, practice directions allowed jury trials to resume after a two-year hiatus which was one of the measures to control the spread of covid19.

Sean Luke’s mother bawls when shown son’s clothing

PAULINE Bharat, the mother of murdered six-year-old Sean Luke, bawled out when she saw her son’s clothing on Monday.

Bharat continued her testimony from the San Fernando High Court at the judge-only trial of the two men – Akeel Mitchell and Richard Chatoo – who are charged with Luke’s murder on a date unknown between March 25 and 29, 2006. Luke’s body was found on March 28, in a bushy area in the cane field close to his home.

At intervals during her evidence in chief, Bharat sobbed, but she cried out when she was asked to identify her son’s underpants and a pair of shorts.

“That’s my baby’s underpants, his jockey,” she said, as she almost doubled over in the courtroom, clutching the bar table in front of her for support, stamping her feet, as she was shown the item.

She was also shown the short pants, which she also identified while in tears.

Later on, in cross-examination by Chatoo’s lead attorney, Evans Welch, Bharat denied ever giving her son alcohol to drink.

Asked if she would be surprised to hear alcohol was found in the boy’s system, she told Welch, “I am now hearing alcohol was found in his system. I would never give him alcohol to drink. I am now hearing this.”

At the end of Monday’s hearing, three photographs showing a cane stalk protruding from the anus to the chest area of the boy’s body as it lay on the autopsy table were formally admitted into evidence. So was the statement of the district medical officer, Dr Birjah, who said he was shown nude body of a boy with a sugarcane stake protruding from the anus.

In her earlier testimony on Friday, Luke’s mother said on the day her son went missing, Mitchell was seated close to her in front of her home. She said she had asked him if he saw the boy, and he said he did not.

Shortly after, she went inside, leaving Mitchell outside. She admitted that at that point she was not concerned about Luke, since everyone in the area where she lived, at Henry Street, Orange Valley, was family, including Chatoo’s stepfather Raymond Bruzual, who at one point was married to one of her aunts. Mitchell was staying at Bruzual’s home.

Bharat said she returned outside when Chatoo and some other boys were walking from the trace close to her home, and she called out to him.

“I asked him, ‘You see Sean?’ and he said, ‘No.’”

Chatoo, an older boy named Avinash Baboolal and Mitchell walked to the lightpole in front of Bruzual’s home and sat looking at her, she said.

“I didn’t pay any attention to that. I still was not worried, because of the fact I lived with family.”

She visited her uncle’s home two doors away to see if Luke was there playing in his boat, and then she went house to house looking for him.

“But, I didn’t find Sean. I didn’t stop searching. I was still searching, asking everyone on the road if they saw him.” She saw another boy by the name of Marvin, who told her he had seen Sean with the security guard by the bay.

She went there and questioned the guard who told her he had not seen the child. When she returned home, she said Mitchell came to the gate and told her he saw a “tall man in white clothing walking with Sean in the trace.”

By then, she admitted, she began getting worried and was “sick out of my head by the second, thinking someone kidnap my son.” She later went to the Couva police station.

“Grasping at straws,” she said she also went to Aripo Heights where Sean’s father, Daniel Luke, lived.

“I thought his father came and gotten him and didn’t tell me anything.”

Luke returned to Orange Valley with her and they searched until daylight before she returned to the police station and then to the US Embassy, since the child was a US citizen.

After speaking to a reporter from a local television station, Bharat said, she returned to Couva, where she met a lot of police and people gathered in front of her house.

She said the police called her into the bushes in the cane field in front of her house, and she was shown some clothing.

“It was an underwear and a short pants. The underwear was a light blue, the short pants was blue with red stripes on either side and the string was red.

“The pockets were pulled outside, because Sean like to wear it like that, like dog ears. He used to say, ’Is doggy ears.’

“I recognised the clothes. They belonged to Sean…Police asked me if I can identify the clothes and I said yes, it belonged to my son Sean. I did not touch it. I didn’t see anyone else touch it.”

In cross-examination by Mitchell’s lead attorney, Mario Merritt, Bharat said none of the boys said they saw Sean with Akeel, nor did she pay particular attention to if there was “anything reddish” on his clothing when she saw him.

She was also questioned about some of the older boys in the neighbourhood, and admitted she would not want “someone who had a likeness (sic) for little Indian boys” around her son.

In answer to Welch, Bharat said Baboolal never interacted with Sean, nor would she allow him to take him fishing.

“My son was a mummy’s boy. He stuck with me all the time,” she said.

Testifying afterwards was Nehemiah Ramdhanie, who lived in the village. He found the child’s clothing in a “mashed-down” area of the cane field close to Luke’s house during a search for the six-year-old with about eight other young men from the area.

He said he told the boys to call Sean’s mother, and the child’s grandmother and mother came. Shortly after, the police arrived. He said he didn’t touch the clothing and saw no one touch or interfere withit More police came with their tracker dogs, and Ramdhanie said when he found it, he did not know it was Luke’s clothing.

He, too, was asked about the boys in the area, in particular Avinash, who was with him when the clothes were found. He said Avinash said nothing about Luke or the clothing.

Ramdhanie also said he didn’t see Luke’s body.

Mitchell and Chatoo, who are appearing at their trial from separate locations at the Maximum Security Prison, are represented by attorneys Mario Merritt, Evans Welch, Kirby Joseph, Randall Raphael, Kelston Pope and Gabriel Hernandez.

Prosecuting are state attorneys Sabrina Dougdeen-Jaglal, Anju Bhola and Sophia Sandy-Smith.

Retired cop testifies in Sean Luke matter

The pre-trial challenge of evidence in the Sean Luke murder trial continued on Monday with the testimony of a retired inspector of police who was instrumental in the investigations into the child’s murder.

Retired Insp Gobin Harripersad gave his evidence from the San Fernando High Court at the trial which is being conducted both virtually and in-person.

Before Justice Lisa Ramsumair-Hinds at a judge-only trial are Akeel Mitchell and Richard Chatoo. Harripersad will return on Wednesday to continue his evidence in Chatoo’s challenge of the evidence called a voir dire.

Mitchell’s voir dire has already been completed, and, through his defence statement which was read to him last week, has denied committing the brutal act.

He intends to rely on alibi and denial as his defence and claimed he was not present at the alleged scene of the crime.

It is alleged that on a date unknown, between March 25 and 29, 2006, in Couva, the two men murdered Sean Luke.

The main trial was originally expected to begin on March 15, but that was dependent on the completion of the two challenges which have been interrupted from time to time by connectivity issues.

Chatoo is represented by attorneys Evans Welch, Kelson Pope and Gabriel Hernandez while Mitchell is represented by attorneys Mario Merritt, Randal Raphael and Kirby Joseph. Representing the prosecution are State attorneys Sabrina Dougdeen-Jaglal, Anju Bhola and Sophia Sandy-Smith.

Challenge of evidence in Sean Luke trial nears end

A justice of the peace who sat in on a video interview in 2006 with the then pre-teenage boy accused of the brutal murder of six-year-old Sean Luke testified on Monday.

Justice of the peace Balroop Chandarjeet testified from the San Fernando High Court.

The challenge to the quality of the prosecution’s evidence continues before Justice Lisa Ramsumair-Hinds at a hybrid virtual and in-person judge-alone trial.

Before her, charged with Luke’s murder, are Akeel Mitchell and Richard Chatoo, both of whom have opted for trial by judge alone.

The main trial was expected tentatively to begin on Monday, but the voir dire, or the challenge of the State’s evidence, is still going on. The judge has completed Mitchell’s voir dire, and is expected to complete Chatoo’s this week, after which she will give her ruling on both.

The matter continues on Wednesday, with two more police officers expected to testify. Both the JP and another police officer, the audio-video technician who facilitated the video interview, could be called back to give further evidence.

Mitchell, now 28, and Chatoo, now 30, are accused of killing Luke, on a date unknown, between March 25 and 29, 2006, in Couva.

Luke’s body was found in a sugar cane field near his home at Orange Valley Road. The six-year-old had been sodomised with a sugar cane stalk that ruptured his intestines and internal organs. He died from internal bleeding.

Mitchell was 15 when he was arrested and charged and Chatoo was 12.

Mitchell and Chatoo are represented by attorneys Mario Merritt, Evans Welch, Kirby Joseph, Randall Raphael, Kelston Pope and Gabriel Hernandez. State attorneys Sabrina Dougdeen-Jaglal, Anju Bhola and Sophia Sandy-Smith are prosecuting.