Chandra’s murder trial comes to town

WITH just six days to the start of the Dr Chandra Naraynsingh murder trial, Director of Public Prosecutions (DPP) Geoffrey Henderson bowled a googly at the defence yesterday by transferring the trial from San Fernando to Port-of-Spain. In a letter dated December 29 to leading defence attorneys Karl Hudson-Phillips QC and Ramesh Lawrence Maharaj SC, Henderson said he acted pursuant to the provisions of Section 3 (5) of the Criminal Procedure Act and transferred the trial to Port-of-Spain. Henderson added, “In transferring the matter, I considered, having regard to all the circumstances, it was desirable to have the matter transferred in the interest of securing the more expeditious hearing and determination of the captioned trial.”

While the trial was set for January 3 in San Fernando, no date has been fixed for the hearing of the case in Port-of-Spain. That will be a matter for the Registrar of the Supreme Court, Newsday was informed. Housewife Seeromani Maraj-Naraynsingh and businessman Elton Ramasir are charged with the murder of Dr Chandra Naraynsingh outside the Langmore Health Foundation in Palmyra on June 29, 1994. Prominent vascular surgeon Dr Vijay Naraynsingh, who was also jointly charged with the murder, was acquitted at the preliminary inquiry at the San Fernando Magistrates’ Court in March this year. The DPP filed the indictment against Maraj-Naraynsingh and Ramasir on November 25.

At a status hearing before Justice Herbert Volney in the San Fernando High Court on December 2, a consent was reached between the DPP and the defence attorneys that the trial be heard in San Fernando beginning January 3. The two accused and the prosecution confirmed they were ready to proceed. There was no application at the status hearing for the matter to be transferred to Port-of-Spain. When contacted last night, Ramesh Lawrence Maharaj expressed surprise that the trial was transferred, firstly at such short notice, and secondly after the High Court made an order for the trial to proceed in San Fernando. Maharaj stated, “Unless that order is set aside or varied by a superior court, it is the duty of the Commissioner of Prisons, the Commissioner of Police, the Registrar of the Supreme Court, the DPP and all attorneys to present themselves at the San Fernando High Court on January 3.”

He continued, “It will be contempt of court for anyone, including the DPP, the police, the Commissioner of Prisons or the Registry of the Supreme Court to disobey, submit, or frustrate the order of the High Court. The decision of the DPP is unconstitutional, illegal, null and void and of no effect.” Maharaj said the defence intends to write to the Registrar and the DPP today asking them to obey the order of the court. “Maybe, the DPP has constituted himself a Court of Appeal as he wants to override the power of the court.” Efforts to contact Hudson-Phillips were unsuccessful. In his notice to the Registrar of the Supreme Court, Henderson said he decided to transfer the trial because “the ends of justice so require.” Dana Seetahal is leading the prosecution’s team, while Larry Lalla assists Maharaj for Ramasir, and Ravi Rajcoomar and Prakash Ramadhar team up with Hudson-Phillips for Maraj-Naraynsingh.