Berbice murder trial aborted due to concerns over jury

The trial of Prabhudyal Tarachand for the murder of his common-law wife, Devi Bhisundial, has been aborted after Justice Franklyn Holder determined that the jury could not deliver an impartial verdict.

The decision came after an investigation was prompted by a report by a witness, who had observed that members of the jury resided in the village where the killing had occurred.

Subsequent to the investigation, Justice Holder noted that he was of the belief that the jury could not deliver an impartial verdict. As a result, the trial was aborted and the accused is to face another trial.

Prabhudyal Tarachand
Prabhudyal Tarachand

The prosecution’s case, which was being led by State Counsel Natasha Backer, was that Tarachand killed Bhisundial at High Reef, Albion, Corentyne on June 2, 2013.

Jurors are usually admonished against discussing the case with anyone or among themselves until the judge presents the case to them for deliberations. The admonishment is usually echoed after each sitting.

In addition, jurors are also questioned on whether they knew the accused, the now deceased or even the witnesses, whose names would be read from the indictment.

None of the 12 members of the jury admitted knowing anyone involved in the case.

Devi Bhisundial
Devi Bhisundial

However, Khemranie Bhisundial, the mother of the deceased, told reporters that after one of the witnesses had entered the courtroom at the last sitting, he looked at the 12- member jury and observed that five of the jurors were fellow Albion villagers.

Bhisundial, who was in court when the investigation was conducted, also said one of the jurors alleged that another juror had informed the panel while they were in the deliberating room that the man in the dock was innocent of the charge and that it was the deceased’s paramour who had killed her.

However, when the judge subsequently questioned the juror, he denied the allegation, but confessed that there was a disagreement about another issue. However, the complainant maintained her story.

As a result, the judge opined that the jury could not deliver an impartial verdict and aborted the trial.

The prosecution had contended that as a result of a triangular affair, Tarachand strangled Bhisundial and then later attempted to take his own life by hanging himself. He was, however, rescued.

Defence attorneys were Mursulene Bacchus and Perry Gossai.