Schoolboy freed of murder after poor police conduct

A schoolboy who went “mad” and killed his best friend was freed yesterday after the State conceded that a confessional statement taken from him by the police was not voluntary. After Rayard Mohammed had killed his friend Shirwin Peter, he roared like a lion. Trial judge Justice Rajendra Narine described the police action in the matter as “disturbing,” and further stated: “It is clear that the conduct of the police in this matter has left much to be desired. The clear inference was that the police officers were intent on taking a statement from a mentally sub-normal man.” Mohammed, 21, of Tunapuna, walked out the Port-of-Spain Second Criminal court a free man yesterday after cogent arguments by his attorneys Israel Khan SC and Ricky Rahim, that Mohammed was suffering from diminished responsibility when he committed the act, and that when the statement was taken from him by police, he was in a state of unsound mind.

Mohammed was charged with the chopping to death of 22-year-old Peter, on August 28, 2001, at Four Roads, Tamana. Justice Narine also commended senior State prosecutor Jeron Joseph for stopping the trial at this stage, echoing some of Khan’s exaltation of Joseph as a true minister of justice. Justice Narine noted that over the years Joseph practiced before him, he has always displayed a high level of professionalism, acting in the highest traditions of the Bar. According to a police statement, Mohammed had confessed that he had seen Peter walking on the road with a cutlass. Mohammed allegedly took the cutlass away from Peter, and when Peter tried to retrieve the blade, Mohammed chopped him to death. It was revealed to the court that after Mohammed committed the act, he was taken to Auzonville Clinic in St Augustine, where he was heavily sedated, and there arrested by the police. It was also revealed to the court by police officers Sgt John Daniel and the police complainant in the matter, Sgt Dharam Ramchun, that while being transported first to the Tunapuna Police Station and then to the Arima station, Mohammed was “roaring like a lion” and behaving irrationally, like a mentally ill person.

On the night of August 29, 2001, police officers connected to the investigation had left the Arima station about 11.45 pm with Mohammed still roaring like a lion and behaving strangely. However, 15 minutes before they left, they telephoned Justice of the Peace Ramdath Mathura, indicating to him that they will need his services in the morning because a man (Mohammed) had a statement to give. Justice Narine observed that it was the clear intention of the police to take a statement from Mohammed in spite of his mentally ill condition. Sgt Daniel explained that had he known that Mohammed was ill, he would have taken him to see a doctor, while Mathura said he would not have allowed him to give the statement. Even when the police took Mohammed to the State prison, prison officers refused to accept him in that condition and suggested that the police take Mohammed to a doctor.

Justice Narine said that what disturbed him in this case is that the police had acted irrationally by calling a JP instead of a doctor for Mohammed. The judge accepted that police are operating with limited resources, but warned that when they intend to depend on oral or written statements, they must be scrupulously fair so that it could stand up to all challenges. In commending Joseph,  Khan said that he hopes such conduct is instilled in all the lawyers in the DPP’s department. He noted that the defence was unaware of certain information because the accused could not remember what happened, but Joseph as a true minister of justice, made the information available. Khan also questioned if a younger attorney was involved whether the information would have been disclosed. Justice Narine ordered the 12-member jury to return a not guilty verdict in favour of Mohammed.