Third accused freed

THE last of three persons who had been charged with the murder of a Cunupia market vendor was yesterday freed because an oral statement allegedly given by the accused was denied admittance into evidence. The statement was the only evidence the State had against the man. Phillip Placid, 40, of San Juan, was discharged by Justice Herbert Volney after the State conceded that it could not proceed with its case in light of the judge’s decision to refuse the document into evidence. The judge then told Placid that he was free to go. The dismissal followed on the heels of the freeing of Damien Pilgrim on Tuesday and Indardaye “Baby” Jagessar last Thursday.

The three had been jointly charged with the murder of Indardaye’s 52-year-old husband Godhan “Popo” Jagessar, of Ramroop Settlement at Mon Plasir Road, Cunupia. Jagessar was found dead in his bed with a knife stuck in his chest on the morning of May 4. In giving his judgment yesterday, Volney said the court found the evidence of the prosecution unworthy of belief.  He said the answers given by investigating officer Sgt Cyril Harry were particularly evasive, leaving the court to wonder if the evidence was not concocted.

In addition, Volney said, State attorneys Jeron Joseph and Sherene Murray chose to offer no criticism of the defence’s arguments that the police had breached the judge’s rule to caution a suspect before questioning him to avoid self- incrimination and failing to authenticate Placid’s oral statement. Placid had reportedly given a two hour-long oral statement at the San Fernando Homicide Bureau of Investigations, which the police had not asked him to sign.  Instead, they had requested that he give a written statement, but he had refused. According to Volney, there were many inherent dangers in depending on oral statements as evidence, since it was easy to fabricate one. In addressing the jury, Volney said this was one case which demonstrated that the evidence of a case must be carefully scrutinised and be of the “utmost standard” before it reached the jury.