1 stays silent, the other to testify

Devindra Ramdial indicated that he will not be giving evidence, but he will be calling witnesses. His co-accused Ansen Griffith said he will give evidence. The election to the accused came after Justice Malcolm Holdip ruled on submissions raised by the defence and prosecution. The jury had been put out of hearing since last week after the prosecution closed its case. Twelve witnesses gave evidence for the prosecution. At the close of the prosecution’s case, the defence announced that they wished to make submissions in the absence of the jury. Submissions ended on Monday, but the trial judge took Tuesday to compile his ruling. When hearing resumed yesterday, Justice Holdip, presiding in the Port-of-Spain Third Criminal Court, took an hour and a half to give his ruling in the absence of the jury.

When that was completed, the jury was recalled to the courtroom. Then the election was put to the two accused by the court clerk.

He told both accused, "the State has closed its case. The time has come for you to make your defence. You may do one of two things. You may stay where you are and say nothing, or you could go into the witness box and give evidence on oath following which you may be cross-examined by counsel for the State. Whichever one you chose, you are entitled to call witnesses."

Ramdial responded, "I will remain silent, I will call witnesses."

But Prakash Ramadhar, attorney for Ramdial, was not ready to proceed. He said his witness was absent from the court. He said the witness, who was present on Tuesday, did not turn up yesterday. He said there may have been a mix-up and that witness went to work. The witness, according to Ramadhar, could not leave work yesterday but gave the assurance that he would be ready today.

Ramadhar asked that the case be adjourned to today to facilitate his client. The election was then put to the second accused, Griffith. He responded, "I will give evidence."

Justice Holdip then granted Ramadhar’s request for an adjournment to this morning.