Woman freed of killing son, 3

Monica Rochard smiled when Justice Mark Mohammed told her she was free to leave the court. Rochard, a mother of four, was discharged after the judge ruled that oral and written statements given to the police after the incident were inadmissible and could not form part of her trial.

Rochard was before Mohammed in the Port-of-Spain Third Criminal Court charged with the murder of her son, Jameel Rochard, on November 25, 2002, in Blue Basin, Diego Martin.

After the 12-member jury and three alternates were empanelled, defence attorney Keith Scotland, leading Nadia Ashraph, made legal submissions concerning the admissibility of the oral and written statements allegedly given by the accused to the complainant, Sgt Anthony Lezama, of the West End Police Station.

After a week of submissions, Mohammed, in the absence of the jury, gave reasons for his decision. He said that based on the submissions and the circumstances surrounding Rochard’s detention at the police station, he could not admit the oral and written statements into evidence.

The judge pointed out that the accused, at the time of the statements, was in a confused state and based on medical evidence in the case, could not have given the statements with a free mind.

After the judge’s ruling, State attorney Alexander Prince indicated that the State was offering no evidence against Rochard.

When the jury was recalled to the court, Mohammed pointed out that the State must bring evidence to prove the case, so the jury could feel sure of the guilt of the accused. The judge said he dealt with legal arguments over the last week and, based on his ruling, the State would not be able to prove the case against the accused.

"I have thrown out certain evidence based on certain legal reasons. Without that evidence, the State will not be able to prove the case. The accused must be found, as a matter of law, not guilty," Mohammed added.

Rochard was then discharged.

According to the State’s case, the accused set the house afire at Blue Basin, burning everything including her son Jameel. The boy died from smoke inhalation, according to the post-mortem conducted by Dr Hughvon des Vignes.

After his client was discharged, Scotland sought to persuade the judge to make an order, although he could provide no legal authorities to support his submission. He said he was fearful for his client, whom he said was beaten with a hammer on her head when she was pregnant with her first child.

"She goes back to Blue Basin. That is a nice place. The State resumes hangings. The accused is most vulnerable. We hope nothing happens to her. The court must make an intervention. She has nowhere to go back to. We do not want her to become another victim of that kind of abuse."

Scotland asked for Rochard to be placed in the case of the Social Services Division. "When a man takes a hammer and cracks her skull, it is inconceivable that this man is not here facing an attempted murder charge."

Mohammed told Scotland that it was his duty to advise his client.

Rochard left the Hall of Justice accompanied by her sister Brenda Lindsay.