Freed man in ‘hansy pansy’ with estranged wife

LOVE was probably in the air as a Curepe man, acquitted of murdering his wife’s boyfriend, yesterday made his way across Knox Street in Port-of-Spain, hand-in-hand with his estranged wife, moments after he was freed. The two had a curious audience — the panel of jurors, who had returned the not guilty verdict, and the media. Harrinarine “Danda” Achalal, 39, of Riverside Road, Curepe, was acquitted of the February 28, 2002 murder of 35-year-old Junior Burgess, also of Riverside Road.

Harrinarine and Sandra Parbatie Achalal, his wife of 15 years, had been separated for about a year before Burgess’ demise, during which time she lived with Burgess. Sandra had given evidence against her husband three weeks ago. Sitting in the Port-of-Spain Fifth Criminal Court yesterday, Justice Mark Mohammed upheld the no-case submission made by Achalal’s attorneys Wayne Sturge and Elvis O’Connor, and instructed the jury to return a not guilty verdict. According to Mohammed, at the close of its case on Monday, the State, represented by attorney Kathy-Ann Waterman-Latchoo, had not established that Achalal had any intention to kill or cause bodily harm to Burgess at the time of his death.

The State’s case was that Achalal had attempted to run Burgess over with Sandra’s car and had caused a rotting light pole to fall on and kill Burgess. In addition, Mohammed said, the evidence of pathologist Hughvon Des Vignes, given on Monday, did not fit with the September 23 evidence of Sandra’s father Ramdial Kalicharan — the only eye witness. Mohammed said Kalicharan had testified that the car had been driven toward Burgess, but could offer no evidence as to whether or not the car actually hit the light pole that fell on him and caused his death. The judge said the witness testified he had seen the deceased jump the drain and therefore could not have been hit by the car. According to Mohammed, the State could not rely on pathologists’ evidence in a vacuum, but must put such evidence in a proper framework.