Seven years jail handed down in historic plea bargaining case

Justice William Ramlal, under the conditions agreed to in the historic plea bargain deal which he accepted last Friday, sentenced Daywan Kawal to seven years in prison for the murder of a taxi driver in 2006.

Daywan Kawal

Kawal’s attorney Peter Hugh made the proposal to Director of Public Prosecutions (DPP) Shalimar Ali-Hack in early April. Last week Kawal became the first defendant to sign a plea bargain agreement. It stipulated that he would get a lighter sentence in return for testifying against another man to be indicted for the same murder.

Having regard to the evidence, Justice Ramlal said he is of the view that Kawal was a principal actor in the execution of the crime in question. Kawal, called Avinash, of 317 Third Street, Grove, East Bank Demerara was indicted for the murder of taxi driver Deonarine Sukhdeo. Some time between April 19 and 26, 2006 the defendant was involved in the unlawful killing of Sukhdeo.

“He, in my view,” Justice Ramlal stated, “knew all criminal places and tried to cover up this murder.”

The judge further said that Kawal’s expression of remorse was not well received by the court. Justice Ramlal had asked Kawal whether he wished to say anything to the parents of the deceased and he replied in the negative. It wasn’t until he was prompted by his attorney that Kawal made an abrupt apology to the couple.

“Have regard to the plea bargain agreement and the circumstances,” Justice Ramlal continued, “the accused is sentenced to seven years imprisonment.”

The plea bargain agreement had said that Kawal could be sentenced a maximum of eight years. Kawal has already spent four years in prison awaiting trial. Justice Ramlal pointed out to him that had he gone before a jury he could have received 60 years.

Meanwhile, State Prosecutor Judith Mursalin also told the court that after Sukhdeo went missing Kawal had been in possession of his cellular phone. Kawal, according to her, had been answering calls and demanding ransom for the already dead man.