Baldath Rampersad v The State
| Jurisdiction | Trinidad & Tobago |
| Judge | A. Yorke-Soo Hon, J.A. |
| Judgment Date | 10 September 2020 |
| Neutral Citation | TT 2020 CA 52 |
| Court | Court of Appeal (Trinidad and Tobago) |
| Docket Number | Crim. App. Nos. P005 and P006 of 2017 |
| Date | 10 September 2020 |
IN THE COURT OF APPEAL
A. Yorke-Soo Hon, J.A.
P. Moosai, J.A.
M. Mohammed, J.A.
Crim. App. Nos. P005 and P006 of 2017
Case Nos. 75/2012
Ms S. Chote, S.C. and Mr P. Carter appeared on behalf of the first appellant, Baldath Rampersad.
Mr J. Heath and Ms S. Kalipersad appeared on behalf of the second appellant, Sunil Singh.
Mr T. Sinanan and Ms M. Joseph appeared on behalf of the Respondent.
Delivered by: A. Yorke-Soo Hon, J.A.
On June 23, 2020, this court gave its oral decision in this matter. We now proceed to give our written judgment.
The appellants Sunil Singh a/c “Kenny Basdeo” (“Singh”) and Baldath Rampersad a/c “Sick” (“Rampersad”) were both charged between September and October 2007, for the murder of Kamal Harripersad (“the deceased”). On March 9, 2017, they were each found guilty and sentenced to death.
The appellants and Jagdeo “Goolie” Persad (“Persad”) were friends. Around 5:10 pm on August 2, 2007, Persad met Singh at a friend at Fireburn, Freeport. They were later joined by Rampersad. Persad subsequently transported the appellants in his motor vehicle to “Guyanese's” hardware. Guyanese” also called “Tuppy's Boss”, wanted the deceased to be beaten so that he would not interfere with persons concerning him. They left Guyanese's hardware, had some drinks at a few bars and then made their way to the home of Rampersad's home at Freeport. Around 8:00 pm, Persad transported the appellants to the home of the deceased at St John Road, Carapichima. They arrived at around 12:30 am and Persad recognised the house since he had done some construction work there. He knew that the deceased lived there with his family. Persad parked his vehicle on the roadway at the entrance to the house and waited in the car for the appellants who had entered the house.
Taramatie Lochan (Taramatie), the wife of the deceased was asleep inside the house with the deceased and their children. She awoke to the shouts of the deceased that bandits were inside. She saw two men. The shorter of the two (Singh), was wearing a red jersey and the taller (Rampersad), was wearing a light blue jersey. They were both armed with guns and Rampersad who also had a cutlass, began chopping the deceased and asking him for money and jewels while Singh stood next to the bed holding a gun. She gave them $300.00 and jewellery and Rampersad struck her on the head with a gun.
Persad heard the sound of children bawling and crying. He came out of the vehicle and observed Singh exiting the house and holding his left hand which was bleeding. Rampersad was behind holding a cutlass and they told him to start the car.
Persad saw two men standing behind his vehicle and one of them was armed with a cutlass. Rampersad cuffed one of them and an altercation ensued. Persad took away the cutlass and placed it inside his car. A woman started running towards the vehicle and Rampersad pointed a gun at her and told her to lie down. The appellants then boarded Persad's vehicle and went to Rampersad's home. Upon their arrival, Persad threw the cutlass inside a drain located at the front of Rampersad's house. He asked the appellants what had transpired in the house and Rampersad told him that he had chopped the deceased for interfering Guyanese. Singh told Persad that when Rampersad was going to chop the deceased, he tried to prevent him from doing so and he (Singh) got chopped instead.
Rampersad then instructed Persad to burn the vehicle and to lie low. He then threatened to harm Persad and his family. Persad left the two appellants and proceeded to hide his vehicle at Singh mother's home in Diamond, San Fernando. Some three weeks later, Singh told him that the Rampersad was paid by Guyanese to do that job.
Around 1:00 am on August 3, 2007, PC Linsley Coombs and PC Nelson of Freeport Police Station went to the home of the deceased where they saw the body of the deceased lying on the floor. A post-mortem examination on the body of the deceased revealed that he died as a result of multiple chop wounds to his face and body.
Around 2:35 am on September 23, 2007, PC Rishi Boodai arrested Singh along the SS Erin Road, Santa Flora who told him of his investigations and cautioned him. Singh made no reply. PC Boodai handed over Singh to Cpl Basdeo at the Santa Flora Police station and Cpl Basdeo observed that he had some scratches on his forehead. Singh told Cpl Basdeo that he had sustained during an argument with his girlfriend the previous day. He was then taken to the Point Fortin Hospital for medical attention.
The next morning, around 7:30 am Insp Parriman and Sgt Ramjag met with Singh who told them that his girlfriend had struck him in the forehead with a glass on September 22, 2007. He was cautioned, advised of his rights and he replied: “I was dey. I didn't chop the man. Is another person chop the man and kill him.” Insp Parriman interviewed Singh in the presence of his sister, Angela Jaimungal and Sgt Ramjag made contemporaneous notes. Later that day he gave a written statement to Insp Parriman in the presence of his sister and a Justice of the Peace, Mr Dexter Soodeen. He told him that A (“Rampersad”) told him, and Persad that he was going to give the deceased some “licks” and that he did not want them getting involved. A gave him a toy gun and Persad drove them to the deceased's home. Upon their arrival, Persad remained in the car and he and A entered the premises where the deceased and his family were asleep. The deceased woke up and reached for something close to the foot of his bed and A held on to him and started to punch him. Singh noticed that A had a cutlass which he did not see before. A began to chop the deceased and Singh intervened in order to save the deceased but instead he got chopped too. A then demanded money and jewels and Taramatie gave Singh $300.00.
The following day, Singh was placed on an identification parade but was not positively identified. On September 25, 2007, he was charged.
On October 29, 2007, Sgt Ramjag recorded a statement from Balraj Harripersad (now deceased) at Homicide Office, San Fernando.
Around 10:00 am, on December 13, 2007, Cpl Ramdeen and WPC Taylor met with Persad at Homicide Office, San Fernando. WPC Taylor informed him of their investigations, cautioned him and told him of his legal rights and privileges to which he replied: “ I happen to be dey, but I was the driver of the car”. He was interviewed by WPC Taylor and Cpl Ramdeen made contemporaneous notes. He described Singh as about 5 feet tall, fair-skinned, short hair, stumpy, about 28 years, with a mole on his face and a tattoo on the left side of his moustache with the words “Short Boss”. He described the Rampersad, whom he knew as “Sick” as a tall “Indian fellah” about 5 feet 8 inches with a low haircut and a scar on the top of his head, brown-skinned, muscular, with a tattoo of a gun on his back and two teardrops tattoos on his face in the vicinity of his left eye. At the end of the interview, Persad signed the interview notes and WPC Taylor requested a statement from him to which he replied: “Ah done tell yuh what happen. Leh we leave it right dey”. On January 5, 2017 (ten years later), Sgt Ramjag recorded a statement from Persad.
Around 11:30 am, on October 28, 2007, Insp Parriman and WPC Taylor met with Rampersad at the Princess Town Police Station and informed him of their investigations to which he responded, “I ain't know nothing about that”. He was cautioned and informed of his rights and requested that his brother, Soman Rampersad be present. Later, Insp Pariman conducted an interview with Rampersad in the presence of his brother whilst WPC Taylor made a written record of what was said. At the end, the notes were read aloud by his brother to Rampersad and he was invited to alter or correct it. The notes were signed by Rampersad and his brother as well as the officers. The next day an identification parade was conducted and Rampersad was positively identified by Balraj Harripersad. Thereafter, he was again cautioned and informed of his rights and privileges and formally charged.
Rampersad did not give any evidence on his behalf but called Supchan Harrypersad (“Supchan”) as a witness.
Supchan was the nephew of the deceased. He testified that around 12:13 am on August 2, 2007, he returned home from catching crabs when he heard screaming coming from his uncle's home. He assumed that the deceased was performing kali puja. Shortly thereafter, he made his way to St. John's Road where he observed his father and brother standing behind a silver car. He saw a man exiting the trace where the deceased lived. The man struck Supchan with a gun and a knife and told him to go home. He observed that there were two other men, one had curly hair and one had a rasta hairstyle and wore a big yellow and green rasta hat. He then made his way home and called the police. From his yard, he saw his brother and his father involved in an altercation with the men who left in the silver car shortly afterwards. He then went to meet his brother and father and found them lying on the road. His father was lying face down and was unconscious whilst his brother was lying on his side. He revived his father and took both of them home. He then went to the deceased's home and observed that the deceased was injured. The police subsequently arrived. Sometime later he attended an identification parade but was unable to identify anyone.
Singh did not give any evidence neither did he call any witnesses on his behalf.
Five grounds of appeal were advanced on behalf of Rampersad.
The Learned Trial Judge erred in law...
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