Justice Navindra Singh yesterday remanded Raymond Pestano, 36, and his father, Roy Pestano, 60 to prison again after the jury was unable to come up with a unanimous verdict in a murder case.
The two of No 41 Village, West Coast Berbice were before the judge at the High Court in New Amsterdam for the murder of Davendra Ramlagan, 25, called ‘Davanand’ and ‘Davo’ on October 19, 2002.
They were represented by attorney-at-law, Senior Counsel, Bernard De Santos. The jury returned to the courtroom after almost four hours of deliberation.
Ten were in favour of guilty and two not guilty for Raymond and nine guilty and three not guilty for his father. Justice Singh told them that they would have to be remanded to await a retrial in the next assizes.
In her opening address, State Prosecutor, Judith Gildharie-Mursalin said Ramlagan’s brother Kenrick Ramlagan along with his cousin, Goel Richard Ross were at Breezy Point shop at No 41 Village when a white car pulled up with three persons.
Kenrick recognized them to be Raymond, Roy Sr. and Roy Jr. She said that certain events unfolded, resulting in Ross running in the direction of his home, eleven buildings away.
Kenrick had testified that he was attending a birthday celebration and was sitting in front of the shop with Ross when the white car pulled up with the men around 7:30 pm. He knew the men from the same village “since small days.”
In his testimony, Kenrick said Roy Jr came out of the car and dealt him some slaps and he “asked him what happen and he still coming to me.”
He said after that the two accused walked into the shop which was dimly lit inside but brightly lit on the outside.
Kenrick then ran to the yard of his uncle, Joseph Ross known as ‘Bald Head’ – Goel Ross’ father.
Ross testified that he heard Roy Sr. saying, “Who go get juk up get juk up. Who go get shoot up get shoot up. Leh we kill them mother (expletive)!”
He recalled that the owner of the shop ordered Roy Sr. out and he joined his sons in the car. Ross who had remained seated in front of the shop noticed Roy Jr. pulling out a shiny object from his waist. The younger Ross rushed at him with the object but he escaped.
Roy Sr. announced that they were heading to his father, Joseph Ross’s house and they left in the car. He followed them but by the time he got there Ramlagan was lying in a pool of blood and Kenrick was standing over him.
Kenrick had testified too that he saw his brother on the road and he stopped him, knowing that the accused persons had problems with them.
He said too that the accused “ran the car” on his brother but he placed his hands on the bonnet and pushed himself off.
He also saw Roy Jr. slapping his brother twice. “My brother held his face and bowed his head.” He recalled seeing Roy Sr. holding his brother’s hands behind his back.
Roy Jr. and Raymond stabbed his brother stab whilst Roy Sr. asked his sons if “You all give him enough?”
His brother’s white vest that he was wearing became bloodied. He then collapsed to the ground as the father and sons escaped. He said he started “hollering for help” and by then Goel Ross reached.
Another witness, police detective Corporal Dharmendra Inderpaul said he took pictures at the murder scene. He had not developed them because no chemicals had been available in the crime lab.
Ramlagan was taken to the Fort Wellington Hospital where he was pronounced dead on arrival. Dr. Nehaul Singh had testified that the cause of death was shock and hemorrhage due to incised wounds.
The two accused along with Roy Jr. were subsequently charged but the matter was discharged by then magistrate Kumar Doraisami.
A second preliminary inquiry was then ordered and the men were committed to stand trial by Magistrate Roby Benn. Roy Jr. could not be located as he had fled the jurisdiction.