Murder accused applies for bail

IN AN historic submission yesterday, defence attorney Prakash Ramadhar  made an application for bail for a client charged with murder. The immediate response of Arima Magistrate Gail Gonzales was that she would consider it. She however suggested to Ramadhar that he take his argument to the High Court.

Other members of the defence team comprised attorneys Vishwanath Ram-barran and Brian Debideen. The accused, Ramnarine Siewnarine, appeared before Magistrate  Gonzales charged with the January 31 murder of Salina Lisa Sahadath, of Quinam Road, Siparia. The body of the 27-year-old mother of two was found near the Priority Bus Route in the vicinity of Olton Road, Arima. The indictable charge was laid by Sgt Arlene Ford of the Northern Division.

According to Ramadhar, the Balkis-soon Roodal Privy Council Ruling of November 20, 2003, had “created a paradigm shift from the belief that once a person was killed and the accused was charged with murder and not manslaughter, he could not be granted bail.” Since the charge of murder no longer mandated a death sentence, he said, the granting of bail for a murder charge was at the discretion of the court. In addition, Ramadhar said, his client’s fundamental rights had been breached since he (Siewnarine) had been in police custody since Sunday night and had not been brought to court until five days later. After listening to the attorney’s submission, Gonzales agreed to consider the application after  an opportunity to peruse the ruling. “I strongly suggest that you take that argument to the High Court,” she said. 

In light of his attorney’s submission, Siewnarine was informed of his right to apply to a judge in chambers for bail. He was remanded into custody and will re-appear in court on February 13. Siewnarine, of Barrackpore Settlement #2, is the father of six-year-old Nicholai  Siewnarine, who had an attempt made on his life two years ago by Sahadath. It was alleged that she had beaten the boy on his head with a wheel-spanner and  attempted to run him over with her car. She had been charged with attempted murder and was out on bail when she was killed