The lawyers for Elmo Benedict and Dave Banwarie who were convicted for the unlawful killing of Rakesh Rajaram at Sandhills, Berbice River in March 2008 have filed separate appeals on their behalf, arguing that the trial judge’s summation was unbalanced and in favour of the prosecution.
On Thursday, attorney-at-law Rabindranauth Singh, along with fellow attorney Raymond Ali, filed the appeal.
The applications contend that the learned trial judge omitted to put the defence of the appellants adequately to the jury.
The document recorded, additionally, that at no time during the summing up did the trial judge direct the jury that they should consider the cases separately and that he failed to explain to the jury the effects of the inconsistent evidence by Romena Benedict, whose evidence supports the defence of the appellants and undermined the case of the prosecution.
Two Fridays ago at the Berbice Assizes, Justice James Bovell Drakes sentenced Benedict and Banwarie to death after the mixed jury returned a unanimous verdict convicting the men for the unlawful killing of Rajaram.
In her opening address, State Counsel Rhondel Weaver said that on March 3, 2008, Benedict and Banwarie went to the camp of Rajaram in search of Romena Benedict.
The accused persons rushed into the camp and together, being armed with a cutlass and a hose, they inflicted injuries on Rajaram.
Weaver told the mixed jury that after the incident was reported to the village captain, Andre Lindie, he went to the home of Omwatie Bendict where Rajaram was seen lying on the ground with wounds about the body and appeared to be bloodied.
The captain then took the injured Rajaram to the New Amsterdam Market Wharf by speed boat from where the police escorted the wounded man to the New Amsterdam Hospital and he was pronounced dead on arrival.
An autopsy report recorded the cause of death as due to shock and haemorrhage, along with multiple cuts.
Meanwhile, in her closing address the State Counsel told the twelve- member jury that the state had proved through nine witnesses that it was the two accused persons Benedict and Banwarie who had inflicted injuries on Rajaram which resulted in his death.
She said that direct evidence came from the separate caution statements of the two accused men.
Referring to the caution statement of Banwarie, Weaver said that it was important to note that the evidence of a co-accused was not evidence against the other accused, although the information was taken uninterruptedly by Detective Corporal Dharmendra Inderpaul and witnessed by Ex-Sergeant Charles Browne on March 4, 2008.
She also warned the members of the jury to consider only what Banwarie stated that he did.
Weaver said that the prosecution wished to rely on the statement as proof that the accused Banwarie used a cutlass to inflict injuries on Rajaram.
The caution statement attributed to Elmo Benedict was taken by Detective Corporal Lawrence Thomas and witnessed by Detective Corporal Singh.
With respect to the evidence of Romena Benedict, Weaver noted that it appeared unreliable and urged the jury to view the evidence with care.
“You saw this witness, you had the opportunity to examine her demeanor and it is clear that this witness who was present on the 1st March, 2008, gave three different accounts of what occurred, but what is certain, members of the jury, is that in all three different versions, she stated that the accused Dave Banwarie had a cutlass and he was broadsiding Rajaram with it. She stated that Rajaram was outside of the camp. She further stated that Elmo Benedict had a hose and gave Rajaram two lashes.”
An autopsy report prepared by Government Pathologist Dr Vivikanand Brijmohan, following a post-mortem examination on the body of Rajaram recorded the cause of death as being shock and haemorrhage along with multiple cuts.
Considering the evidence of Romena Benedict, Weaver said the witness claimed that Rajaram went up to her while she was in the yard at her home, pointed a gun at her, demanding that she walk.
But the prosecutor argued that the accused men were not aware that the now deceased had pointed a gun so they could not have been provoked by knowing she was in danger.
She recalled, however, that the witness Romena Benedict did not tell the court of any act committed on her by the now deceased, or that she was in danger.
In fact, the witness said Rajaram had put his gun on the camp roof before going to the creek.
Referring to the defence case, Weaver observed that the men opted to give unsworn statements from the dock in which Benedict explained that he went to rescue his sister and that Rajaram was armed with a gun, while Banwarie said that he went to save Romena from the hands of Rajaram and had acted in self-defence.
After deliberation for under two hours, the twelve member jury returned a verdict of guilty.
