DPP: State to challenge judge’s instructions

Seeromani Maraj-Naraynsingh and businessman Elton Ramasir, who were charged with the murder of Dr Chandra Naraynsingh, the second wife of surgeon Prof Vijay Naraynsingh, were freed on Thursday when the case took an unusual turn. Maraj-Naraynsingh is the current and third wife of Prof Naraynsingh.

In a statement over the acquittal, Henderson said, "I am quite disappointed at the unusual and unprecedented course taken in the trial of those accused of the murder of Dr Chandra Naraynsingh.

"In this case the judge gave instructions to the jury which had the effect of bringing an end to the trial.

"The law is quite clear that a trial judge may not invite a jury to acquit. Even reminding the jury of their right is strongly discouraged.

"In a 2005 English Court of Appeal decision it was said ‘if a judge is not prepared to stop the case on his own responsibility, it is wrong for him to try and cast the responsibility of stopping it on the jury.’

"Questions may well be raised as to whether this procedure was adopted in light of the recent decision of the Privy Council in Brad Boyce which restored the State’s right of appeal from a directed verdict of acquittal. I suspect there may be a view that the State does not have the right of appeal from a verdict of acquittal where the jury has stopped the case in such circumstances. As was the case in Brad Boyce, the State will pursue all of its options, including that of an appeal to the Court of Appeal, and Privy Council if necessary.

"The State intends to challenge the correctness of the decision by Justice Volney, his refusal to recuse himself on the grounds of bias, his order to gag the Press from reporting the recusal application, and the reasons for the application and his comments during the trial on the evidence given by the State’s main witnesses.

"I will do my best to ensure that the proceedings will not take as long, so as to ensure that the travesty of justice that occurred with Brad Boyce does not reoccur," added the statement.