THE State yesterday accepted a plea of guilty on the charge of manslaughter from Ria Rampersad, the country’s youngest female to be committed to stand trial for murder. Rampersad, who was 14 when she was arrested, threw herself at the mercy of the court with her attorney saying the youthful defendant was filled with a “great sense of remorse” for the killing. Now 17, Rampersad was brought from the Women’s Prison at Golden Grove, Arouca, for trial before Justice Rajendra Narine in the Second Criminal Assizes in the San Fernando High Court. The accused’s attorney, Frank Seepersad, indicated his client’s intention to plead guilty to the lesser count of manslaughter, and State prosecutor Narissa Ramsundar accepted the plea. Rampersad was charged with the murder of her neighbour Waneisha Williams, 15, whom she stabbed with a letter opener on June 9, 2001. Reading the facts of the case, State attorney Ramsundar informed the court that the unlawful killing stemmed from an altercation over a boy for which both the accused and the deceased had felt affection.
It was around 7.30 pm on June 9, 2001, Ramsundar said, when the accused went to a shop near her home at Coquette Street, Ste Madeleine, to change a cheque. Upon her return, she was confronted by Williams and a group of people. Williams, the court heard, walked up to Rampersad and slapped her in the face. Rampersad then threatened Williams. Rampersad later armed herself with a letter opener, placing it in the pocket of her school shirt, and hid in a nearby track, waiting in ambush for Williams. As Williams walked by, Rampersad accosted her, demanding to know why she (Williams) slapped her (Rampersad). A brother of the deceased intervened in the argument and told the accused to go home. Instead, Rampersad walked towards Williams (Waneisha) and dealt her a stab in her chest with the letter opener. Williams was taken to the San Fernando General Hospital (SFGH), while Rampersad went to the Ste Madeleine Police Station where she admitted to the stabbing. Williams died four days later, and an autopsy confirmed she died from the stab wound to her left upper chest, with a “moderate to severe degree of force.”
In mitigation, defence attorney Seepersad told Justice Narine the accused and the deceased were once good friends, but a 20-minute confrontation over a boy led to the killing. “One (person) is dead and another arrested, but that person (the boy) is moving ahead in life,” Seepersad said. The attorney added that while the accused was remanded at the St Jude’s Home for Girls, she spoke to others about her experience, and the need to exercise control in situations. Seepersad pleaded for a non-custodial sentence for the accused, but State attorney Ramsundar submitted that Rampersad be imprisoned for her crime. Justice Narine ordered a probation officer’s report on Rampersad, and postponed the case until October 21 when he will give his ruling.
JUSTICE Peter Jamadar will decide next Monday whether or not he will call on members of the Judicial and Legal Services Commission (JLSC) to give evidence in the case filed by former Industrial Court registrar Marilin Wallace, against the commission. Wallace is contending that the commission cancelled her appointment because she objected to expenses claimed by certain judges of the Industrial Court. She is seeking judicial review of the JLSC’s decision and yesterday her attorney Khemraj Harrikissoon sought to have Justice Jamadar strike out the evidence on affidavit. The affidavits were filed by Michael Mahabir, director of personnel administration and Cheryl May, secretary to the JLSC. Martin Daly SC, instructed by State Attorney Nadine Nabbie, represented the JLSC. Harrikissoon submitted to Justice Jamadar, presiding in the San Fernando First Civil Court, that four paragraphs of Mahabir’s affidavit ought to be struck out because they were hearsay and opinionated evidence.
In paragraph 33, Mahabir stated that the JLSC did not take into account irrelevant or prejudicial matters and properly addressed its mind to the issue of Wallace’s probationary appointment. May contended in her affidavit, that to the best of her knowledge, the commission did not take into account irrelevant matters. Harrikissoon submitted to Justice Jamadar that the members of the commission were the only persons to give such evidence. He said the law was clear on how the court deals with accepting secondary, as against primary evidence. Daly replied that Mahabir and May were in possession of the records and minutes and were therefore in a position to swear to the affidavit. Justice Jamadar announced that he will give a written judgement on the issue. If he accepts submissions on behalf of Wallace, members of the JLSC, of which Chief Justice Sat Sharma is chairman, may be called upon to depose the evidence on affidavit.
THE TRIAL of attorney Wilston Campbell, charged with perverting the course of justice, was adjourned for the 21st occasion, with the trial date set for January 5, 2004. “This case has been adjourned for too long,” Justice Herbert Volney said yesterday when the case came before him in the San Fernando First Assizes. Campbell’s attorney, Subhas Panday, holding for lead attorney Desmond Allum SC, told Justice Volney that the defence was awaiting the ruling of a legal issue which was before the Privy Council that may impact on his client’s case. State attorney Joan Honore-Paul indicated the prosecution’s readiness to begin the trial. The case against Campbell is that on July 18, 1995, at Cabin Restaurant and Bar on Keate Street, San Fernando, he allegedly gave PC Kurt Simon $1,500 to abort a charge against Anjay Singh and Dave Jamadhar for conspiracy to cheat on an examination. Campbell was committed to stand trial in the High Court on February 17, 2000.
LEGAL issues pertaining to the double-murder trial of Mookash Chandardath and Zanna Andrews were heard before trial judge Justice Herbert Volney, but in the absence of the 12-member jury, yesterday in the San Fernando First Criminal Court. Chandardath, 35, and Andrews, 26, are on trial for the murders of Chandardath’s neighbours, elderly couple Selwyn Grant, 65, and Ursula Iniss, 70, on a date unknown, between July 31 and September 17, 1999, at Allen Drive, Penal. On Monday, Chandardath’s wife Maria Charles testified on behalf of the prosecution. Charles, who no longer resides in Trinidad, told the court she has not spoken to her husband since his arrest on September 16, 1999.
The accused’s wife recalled that she began residing with Chandardath at 2 Allen Drive, Penal, on August 8, 1999, during which time she used to smell a foul stench emanating from next door. Charles said when she complained of the stench her husband bought disinfectant and sprinkled it outside, while she sprayed air refresher in their house. On an earlier day in the trial, Sgt Celestine Phillip testified that around 6.45 pm on September 16, 1999, he together with PC Corrie and other officers went to the elderly couple’s home at No1 Allen Drive, Syne Village, where they found Iniss’ headless corpse in a bathtub and Grant’s decomposing body lying in a foetal position, under a water tank outside the house. Ag Assistant DPP (South) Joan Honore-Paul is leading the prosecution’s case. Attorney Chateram Sinanan, instructed by Faraaz Mohammed is representing Chandardath, while attorney Ian Gray, instructed by Quincy Marshall is defending Andrews.
The trial continues today.
The Appeal Court has dismissed an appeal by David John Pierre and has affirmed his conviction and sentence to death for the murder of a Sangre Grande taxi driver. However, Chief Justice Sat Sharma, one of the three presiding judges, told Pierre’s attorneys that the Court would give its reasons at a later date. Pierre was sentenced to hang by Justice Melville Baird on October 15, 2002, after a 12-member jury found him guilty of killing Sangre Grande taxi driver Gewoon Bagwasitiar on February 22, 2000. The appeal against conviction came up on Tuesday before Justice Sharma, Justice Roger Hamel-Smith and Justice Stanley John in the Port-of-Spain Court of Appeal.
The facts presented to the Port-of-Spain First Criminal Court in October 2002, was that Pierre boarded a taxi driven by Bagwasitiar, 52, also known as Chanker Mootilal at Sangre Grande to go to Vega de Oropouche. On arriving at Vega de Oropouche and after two other passengers had stopped off, Pierre ordered Chanker to stop the taxi. He pulled out a knife and slit Chanker’s throat, after which he took some money from the visor of the car. He then slit Chanker’s throat a second time. After this he ordered William Rampersad, a passenger in the vehicle, to assist him in taking Chanker’s body into some bushes along the Toco Main Road, where he was left to die. Defence attorney Dana Seetahal represented Pierre in the appeal, while Deputy Director of Public Prosecution Carla Brown-Antoine represented the State.
CLUB PIGEON Point’s attorney Dr Fenton Ramsahoye QC yesterday called on the court to declare the action taken by the Tobago House of Assembly to acquire lands occupied by Club Pigeon Point as unconstitutional. In addition Dr Ramsahoye asked that an order be made for an assessment of damages incurred by the club, because of the acquisition order. In his submissions yesterday, Dr Ramsahoye explained that there was no reason for the THA to move for compulsory acquisition of the lands, since Club Pigeon Point had indicated that they were willing to negotiate with the Government for the sale of the property by private treaty at market value.
He pointed out that the situation could have been resolved amicably without the involvement of the statute law. He noted that the Club had not threatened the negotiations, yet the State moved “unreasonably” and foreclosed the negotiations and made a public notice for acquisition of the land. Describing the move as a “planning blight,” Dr Ramsahoye explained that damages had begun to be incurred with the publication of the acquisition notice. He explained that an announcement like that would cause people to refrain from doing business at the Club, bookings would be cancelled and the sale of the property would be made impossible. During his four hour submission before High Court Judge Mira Dean-Amorer in the Port-of-Spain Third Civil Court, Dr Ramsahoye explained that they were never given an opportunity to defend their rights against the compulsory acquisition of their land. He said that the due process of law enables land owners to present their case against compulsory acquisition, and therefore there has to be due process of law in Trinidad and Tobago before this type of action can be taken. He explained that the owner must be allowed to try and save his property.
Dr Ramsahoye stated that due process was being followed with the negotiations, and noted that the THA had no right to break off the negotiations and apply for compulsory acquisition of the land. He also informed the court that the Chairman of Robinson Crusoe Limited, Anthony Sabga had written two letters to the Prime Minister to enquire about the State’s intention regarding acquisition of the land. The first letter dated May 16, 2003 explained the negotiations that had taken place, and offered the sale of the land by private treaty at market value, however no response was sent. The second letter dated June 13, 2003 asked that the owners be informed within ten days, the State’s intention regarding acquisition of the land, and asked that a meeting be held to discuss compensation proposals.
Dr Ramsahoye explained that the State still did not respond, which proved they had no intentions of informing Club Pigeon Point about their decision. Justice Dean Amorer asked Dr Ramsahoye if land owners had any rights to be consulted or informed about compulsory acquisition of their land and he explained that they had no rights once the order has been made by Cabinet. State attorney Dr Lloyd Barnett is expected to present his submissions to the court today when the matter resumes. Dr Ramsahoye assisted by Rikki Harnanan and Adrian Byrne appeared for Robinson Crusoe Limited, operators of Club Pigeon Point and subsidiary of ANSA McAl, while Dr Barnett, Karen Fournillier, Terrance Thorne and John Jeremie, instructed by Rohana Hosein represented the State.
A 21-year-old Laventille man was shot several times while walking along Queen Street, Port-of-Spain, with a friend around 8 pm on Tuesday. According to reports, Simon Clement was with a friend when a gunman began firing in their direction. Clement was shot once in the abdomen and rushed to the Port-of-Spain General Hospital where he underwent emergency surgery. Officers of the Besson Street Police Station are investigating.
“MAMA loves you so much son. You say you would never leave me, but they kill you,” wailed Radha Ram as she sat and looked at the body of her six-year-old son Johnathan Ram, who was knocked down and killed near his home last Friday, and whose funeral service was held yesterday. Ram struggled to maintain her composure as she kept a sombre vigil near her son’s casket, playing with the dead boy’s hair. The grieving woman also cried out for justice for the untimely death of her last child. “I eh have no child again…my baby gone. How I going to live everyday now without my baby. What kind of people will kill my son?” the grieving mother of three wailed.
Throughout the emotional service at the deceased’s Todds Road, Freeport home, Ram sat and cried next to her son’s casket. The simple service was attended by his schoolmates from the Todds Road RC School, school supervisor Subhan Jahoor, villagers and Ram’s relatives. Addressing the school children among the mourners, Pastor Milroy said, “I hope his (Jonathan) school friends have learnt a lesson about the mad drivers in our land today. I hope the Government does something to protect and cherish the lives of our young people.” Words, he said, could not describe the sorrow the boy’s family was feeling. However, he said it was not the end of Ram’s spiritual life, but the beginning of a new one, “because we don’t know what God has in store for him”. The pastor asked everyone to pray that Johnathan’s mother be strong and courageous, and able to find a way to cope with the tragedy.
In a brief eulogy, delivered by Roseanne Hamilton, Johnathan was described as a loving, obedient, respectable, intelligent child who could put a smile on any frowning face. She recalled that the boy, fondly known as Johnny, loved Sean Paul songs and would dance and “chant” the music. She recalled that he lived with his father, Gobin Paul, at Longdenville for five years. School Supervisor Jahoor expressed his deepest condolences to the family on behalf of the Ministry of Education. Following the service, the small casket was taken to the Longdenville cemetery for burial.
A self employed 21-year-old shop keeper who was shot twice outside his Mason Street, Diego Martin, home on Tuesday afternoon, died around 6 am yesterday at the Port-of-Spain General Hospital. His murder is the 173rd for the year and represents one more than the 172 persons killed last year. Lawrence Nicome, alias “Putsy,” underwent emergency surgery on Tuesday night but never regained consciousness. Reports revealed that around 6 pm, he was standing close to his home when he was confronted by a man he knew. Following an argument, Nicome was shot twice in the abdomen at point blank range.
His aunt, who identified herself as Aggie, told investigators that she was inside her home when she was alerted to the sounds of gunshots. On checking, she saw Nicome lying in a pool of blood. The injured man was rushed to the Port-of-Spain General Hospital where he underwent emergency surgery to remove the two bullets. Police told Newsday that Nicome had a matter pending in court for shooting a man. That matter was due for hearing next week and investigators have linked the death of Nicome to that shooting. Yesterday, police detained a man who they described as the prime suspect in the shooting death of Nicome. Officers were able to secure statements from eyewitnesses who saw the lone gunman shoot Nicome and then fled the scene. When Newsday visited the scene of the shooting, relatives were hesitant to talk about the incident. They claimed that the police were aware of who killed “Putsy” and that was all they were prepared to say.
WHEELCHAIR users can rejoice in the fact that in the coming fiscal year, the Public Transport Service Corporation (PTSC) will be purchasing three new purpose-built buses catering for the differently-abled. The buses will be used along the East-West corridor, inclusive of the Northwestern peninsula, and the North-South route. In addition, one of the buses will be used to transport differently-abled children, as requested by Ministry of Education. This was announced yesterday by Minister in the Office of the Prime Minister, Social Services Delivery, Christine Kangaloo, as she addressed persons at the launch of the Bus Service for Persons With Disabilities, at the Princess Elizabeth Centre, Woodbrook. In seeking to assure differently-abled persons that they had not been forgotten by the Government, Kangaloo said another initiative of the PTSC will be “Dial-A-Ride.”
This measure will allow differently-abled citizens who are unable to leave their homes to telephone PTSC, who will send transport to pick up these individuals at their homes. Seats are now being reserved for the disabled in all PTSC buses, claimed Kangaloo, while all roadworks being carried out by the Ministry of Works in fiscal year 2004 will be “disabled user friendly.” This will include sidewalks and walkovers being re-designed to accommodate persons with wheelchairs; the placing of zebra-crossings and relevant signage at institutions specifically associated with the disabled; and the placing of audible devices at traffic lights at major intersections. “When all of these initiatives are taken together, what emerges is the clear picture of a concerted and concentrated effort by Government to move swiftly and appropriately in response to the various factors that impel the opening up of access to transport to the differently abled,” stated Kangaloo.
Chairman of the International Institute for Health Care and Human Development (IIHHD), Bill Bronte, said disabled persons are willing and able to take their place in society, but are unable to do so because of financial constraints. The bus for wheelchair users was estimated to cost approximately $500,000, and included the waiving of importation duties and taxes by Government; a contribution from the Community Development Fund of $150,000; and kind corporate sponsorship of the ANSA McAL group of companies and the Rotary Club of Port-of-Spain. The bus, which can accommodate seven persons at one time, contains an automated lift and ramp, and the National Petroleum Company has agreed to sponsor $500 worth of diesel every month for the bus, while Algico has offered full comprehensive insurance for the vehicle. Adding that the disabled “have been crying out all along” for assistance, Bronte appealed to other road users to exercise a little extra caution when they see the bus. He explained that a distance of approximately 30 feet from the back of the bus was needed to effectively and efficiently offload passengers.