Judge reprimands Kaieteur, Times for misconstruing testimony in murder trial

Editors of the Kaieteur News (KN) and Guyana Times (GT) were reprimanded by Justice Winston Patterson yesterday following “inaccurate” and “sensationalized” reports in relation to the Lokenauth Dyal murder trial.

In yesterday’s edition of their respective publications KN and GT misquoted the chief witness in the Dyal murder trial. By doing this, the judge said, the newspapers shed the case in a “different light”.

Reporters, Patterson stressed, must be careful to carry exactly what is said in court and not misquote anyone for sensationalism. Words carry meaning, the judge said, and if not used properly they can give the wrong impression. He described the action of the two independent dailies as “unforgivable”.

Lokenauth Dyal

Later, KN Editor-in-chief (EiC) Adam Harris and GT Editor Nigel Williams were summoned to the court along with the reporters who would’ve written the offensive articles. Stabroek News (SN) EiC Anand Persaud was also summoned. However, lead prosecutor Latchmi Rahamat informed the court that the SN article was accurate and the judge subsequently commended the SN EiC for his good work and gave him leave.

Patterson then proceeded to explain to the KN and GT editors that their reports were inaccurate and irresponsible. This, the judge noted, is why the jury is always cautioned against reading media reports on cases in which they are involved.

KN and GT quoted the chief witness, Umdat Rafik, as having made a certain statement about being tired of lying. However, Patterson informed the editors that Rafik never said the words which he was quoted as saying.

On Thursday, a jury was empanelled and the trial commenced with Rafik taking the stand. Rafik told the court that he was having difficulties lying and refused to answer when questioned by defence attorney Vic Puran. Following his refusal to answer questions, Puran made an application for cross examination of Rafik to be aborted, the judge ruled in favour of Puran after repeated efforts were made to find out from Rafik why he would not answer the questions being asked.

This version of the court proceedings was reportedly misconstrued by the KN and GT.
The judge warned the two publications about repeating the same error and advised them to correct the report about the Dyal murder trial. He also noted that the correction should be given the same prominence (in the case of KN the story was on the front page) as the erroneous report had been given.

It is alleged that on February 2, 2008 at Clay Brick Road, Canal Number Two, West Bank Demerara Dyal murdered Farzan Khan.
On February 6, 2008, the then 25-year-old Dyal had appeared before Magistrate Melissa Robertson charged with Khan’s murder.
The incident had reportedly occurred on the night of February 2 at the West Demerara location of Canal Number Two.

Reports from the police at the time indicated that Khan was standing with his brother, outside a house where a wedding reception was in progress. The deceased and Dyal allegedly had an altercation, during which Dyal reportedly pulled out a knife and dealt him several stabs to his body.

The badly wounded Khan was rushed to the West Demerara Regional Hospital where he was pronounced dead on arrival.
During yesterday’s proceedings Nizam Hussein, the brother-in-law of the deceased, and a police officer testified. The matter continues on Monday.