Contagious disease delays inquiry

Although one of the lawyers reported in court what the accused was suffering from, Mc Nicolls ordered the media not to name the disease.

The Chief Magistrate expressed concern that the accused, Anderson Straker, 32, of Pierreville, Mayaro, was brought to the court with the other eight accused and kept in a cell among other prisoners yesterday.

Even Israel Khan SC, who was retained by the State to prosecute said, "I think I may have to go by the doctor and be inoculated." He recommended that the entire court be inoculated.

Maharaj, 62, was kidnapped outside the Samaan Tree Bar in Aranjuez on April 5 last year. His remains were found in the Santa Cruz area on January 9, 2006.

Before Mc Nicolls in the Port-of-Spain Eighth Magistrates’ Court yesterday were Doreen Alexander-Durity, 40, Zion Clarke, 27, soldiers Ricardo De Four, Leon Nurse, and Ricardo Stevenson; Kevin Nixon, and brothers Wayne and Kenneth Pierre.

Khan said the accused’s illness should not prevent the preliminary inquiry from starting.

He suggested that Straker be confined to a cell and that a microphone be placed there for him to follow proceedings, after which he could instruct his attorney before cross-examination.

"The case must proceed; if he dies, I will still have to proceed with the case. This is a case where the deceased was chopped up in pieces and there is a difficulty with the cause of death. Once it is shown that the deceased was with them (the accused), I don’t want to know how he died."

Theodore Guerra SC, who represents Straker, said he was concerned about his client’s illness. In response, Mc Nicolls said it would not be fair to anyone in the courtroom to be exposed to Straker’s illness. "Unless a doctor says he is well enough to be brought, I am ordering that he not be brought because it can affect the lives of all of us in here," Mc Nicolls said. Khan responded, "The State will be responsible if anyone dies here."

Mc Nicolls added, "All the accused persons downstairs are at grave risk. I can’t start the inquiry until I know about the health of this accused." He then adjourned the case to February 22.

Before the health issue was raised, Guerra said it was unethical for Khan to lead the prosecution’s case, while Keith Scotland, who is in Khan’s chambers, was appearing for one of the accused.

"I am looking at it at the point of ethics. The defence of Mr Scotland can be interfered with by virtue of the head of chambers leading the prosecution," Guerra added. Khan responded, "Mr Guerra is fast and out of place to raise this issue." He said Dana Seetahal SC was prosecuting in the Naraynsingh murder trial, while Larry Lalla, now a temporary judge, was one of the defence attorneys.

"Mr Guerra is casting serious aspersions on the head of chambers. There is nothing in the code of ethics about this. Why is he worried? I know why, it is because I am the prosecutor in this case."

Guerra added, "I am not attacking anyone. I am saying there is a conflict of interest."

Khan stated, "You know what is a conflict of interest — Mr Guerra appearing for three of the accused."

Khan said the prosecution was not in a position to start the case because the police had not arrested two other persons in the matter. "Their arrests are imminent. Let us not make the same mistake like in the Thackoor Boodram case when the inquiry had to start all over when someone was arrested afterwards."