Retrial for 2 convicted of murder

The court, comprising Justices Margot Warner, Stanley John, and Paula-Mae Weekes, allowed the appeals of Kamal Pooran and Ramzan Asgarali and ordered a re-trial.

Pooran and Asgarali were sentenced to death by Justice Herbert Volney in the San Fernando Assizes on June 6, 2003. They were convicted of killing Surujbally Pooran at Roble Grove Road, Rio Claro, on April 30, 1999.

Special prosecutor Bindra Dolsingh appeared for the State. Ian Stuart Brook and Rajiv Persad appeared for Pooran, while Dana Seetahal represented Asgarali.

Seven grounds were filed on Pooran’s behalf, but just one was argued before the State conceded. Persad contended that the trial judge did not put Pooran’s good character to the jury. He said this made the conviction unsafe. Brook argued against a retrial being ordered, saying the offence occurred six years ago. Seetahal challenged the admissibility of the two alleged confessional statements given by Asgarali to the police. The statements in question were dated May 5 and 7. She contended that a voir dire was conducted into the admissibility of the statements.

She pointed out that based on the same facts and witnesses, one statement was admitted and the other rejected. Seetahal said the question of fairness was called into question.

Seetahal also submitted that based on the Charles Matthew Privy Council judgment in 2004, her client was entitled to a commutation of the death sentence. She said despite the Privy Council’s judgment, Asgarali’s sentence was not commuted to life imprisonment.

While conceding the submissions raised by the lawyers for the appellants, Dolsingh said there was sufficient evidence for a retrial.

Dolsingh contended that with the evidence, a jury properly directed could have brought in a guilty verdict.

The judges stood the matter down for a while and returned saying that the appeals were allowed and that a retrial was ordered.

The prosecution’s case at the trial rested on both circumstantial evidence and confessional statements.

It was alleged that Kamal Pooran and Asgarali needed to raise money and they hijacked a car owned and driven by Surujbally Pooran. They took the driver to Mahabalsingh Trace where his neck was tied with a rope.

Asgarali cuffed Surujbally. A number of wounds were inflicted to the driver. He died from a combination of asphyxia and injuries to his forehead, nose, chest and lips.

Surujbally was left in the bushes tied to a cocoa tree and the appellants drove off in his car.