Paul Vincent Seerattan v The State
| Jurisdiction | Trinidad & Tobago |
| Judge | Yorke-Soo Hon, J.A. |
| Judgment Date | 24 July 2017 |
| Neutral Citation | TT 2017 CA 67 |
| Docket Number | CR APP No. 32/2013 |
| Court | Court of Appeal (Trinidad and Tobago) |
| Date | 24 July 2017 |
Court of Appeal
Yorke-Soo Hon, J.A.; Bereaux, J.A.; Moosai, J.A.
CR APP No. 32/2013
Mr. Jagdeo Singh and Mr. Criston Williams instructed by Ms. Adaphia Trancoso for the Appellant.
Ms. Joan Honore-Paul for the Respondent.
Makin v. Attorney General of New South Wales [1894] A.C. 57
R v. Hanson [2005] 1 W.L.R. 3139
R v. Thompson [1918] A.C. Crim. 3238
Harris v. DPP [1952] A.C. 1
Sambasivan v. Public Prosecutor of Malaya [1950] A.C. 458
R v. Z [2000] 2 A.C. 483
R v. Taylor [2013] E.W.C.A. Crim. 2398
R v. Anderson and another [2008] E.W.C.A. Crim. 837
R v. Highton et al [2005] E.W.C.A. Crim. 1985
Solomon v. The State (1999) 57 W.I.R. 432
Lundy v. R [2013] U.K.P.C. 28 .
Sections 101 and 103 of the Criminal Justice Act
Criminal appeal - Murder — Appeal against conviction — Character evidence — Whether the admission of evidence of the previous convictions showing the propensity of the applicant to commit the offences was wrong — Whether the evidence was properly admitted — Whether the evidence from the McIntosh case was still admissible under the propensity gateway — Whether the appellant's case was prejudiced by the evidence in the McIntosh case — Whether the judge adequately warned the jury with respect to identification — Identification evidence — Whether the judge was correct to have chosen the propensity gateway for admission of the evidence instead of the misconduct route — Whether the judges direction with respect to credibility was adequate — Whether evidence admitted dealing with propensity can also be used for the purpose of credibility — Whether the conviction was safe.
On 8th November, 2013, the appellant was convicted before Mr. Justice Mark Mohammed and a jury in the First Criminal Court San Fernando, on two counts of murder and has appealed the convictions.
On the 22nd of March, 2005 Radha Pixie Lakhan, (Radha), a sixteen year old girl went missing. She had left her home around 7:30 am to attend the Palo Seco Secondary School where she was a student. She was dressed in her school uniform, that is, a white shirt, grey skirt, white belt, black socks and black sneakers. She was also carrying a grey and cream school bag.
On that day, school ended prematurely at 12:30pm because of a water problem. Radha and her schoolmate Michael Asson, boarded a taxi heading in the direction of Siparia. According to Michael, Radha dropped off at Spring Trace, Quarry Village, Siparia around 1:45 pm. Karen Sugrimsingh, who was at her place of business which is located opposite Spring Trace, confirmed that she saw Radha dressed in her school uniform alight from a taxi and walk into the Trace. Radha never made it home. Later that evening, Radha's father reported her missing at the Siparia Police Station and a search for her proved futile.
Taramatee Toolsie (Taramatee), a janitor, employed at the Penal Government Primary School was last seen alive on 15th April 2005. There was evidence that two persons interacted with her that day, namely, her sister-in-law Sumintra Roopnarine, and a neighbor Khimnath Dookie. Sumintra said that she spoke to Taramatee that morning but did not see her. Khimnath Dookie said that he saw her walking from La Brea Trace, where she lived, holding a handbag. Mr. Dookie said that he saw a man standing next to a fig patch near to where he lived. He could only see the man's back and observed that he had short “curlyish” hair and carried a black knapsack on his back. He observed that as Taramatee passed the fig patch, the man left the patch and walked behind her.
Anindra Samlal, a neighbor, who also lived at La Brea Trace, Siparia, said that around 7:30 am on Friday 15th April, 2005, whilst waiting at the Siparia Senior Comprehensive School to go to a job site, he saw the appellant. He stated that he knew him for approximately five years before that day. He was “bareback”, dressed in a short pants and wearing a pair of slippers. He had a white cloth tied to his right hand, which appeared to have blood stains on it. He also had cuts on his chest and on his back. The cuts appeared to be fresh, and he observed that he was “shaking like a leaf. He had a brief conversation with him and saw him heading in the direction of Spring Trace.
Lindon Vialva, also called “Redman”, who was a mutual friend of the appellant and the appellant's common law wife, Leslie Ann Bowen, said that on 15th April 2005 around 8:30 to 9:00 am, he saw the appellant coming from the direction of Mappipire Trace which is situated just after the Siparia Senior Comprehensive School. He stated that the appellant looked untidy and his short pants and T-shirt appeared to have blood stains. He also observed that the appellant's right hand had what appeared to be “fresh blood” coming from it. He asked the appellant where he had fallen to which he replied, “Erin, on the beach”. Mr. Vialva treated the wound and the appellant left.
Leslie Ann Bowen, gave evidence that the appellant left home at La Brea Branch Trace, Siparia, on Friday 15th April, 2015, at around 5:00 am on account of having to “check” some work. Around 3:00pm that day, the appellant visited her work place on High Street, Siparia, and he looked untidy and had a cut on his forehead. He told her that the cut was as a result of a bottle throwing incident. She also observed that his elbow was wrapped in a bandanna with what looked like medicine applied to it. He told her that he had fallen and sustained a cut.
On April 18th, 2015 Taramatee's body was discovered in a forested area within the proximity of the Siparia Senior Comprehensive School. A post mortem performed on her body revealed that she had died as a result of ligature strangulation. Her blouse was torn over the front, buttons were missing, the right cup of the brassiere was extensively torn and the skirt was pulled up or thrown back over the front of the lower abdomen. The body bore evidence of injury. A black strap still attached to a bag on her left side was wound around her neck three times causing a tight noose to be formed resulting in constriction.
The appellant was arrested on the 19th of April, 2005, around 2:30 am by a party of officers as a result of a report of attempted rape made by one, Lizann McIntosh. A medical examination revealed that he had multiple abrasions on his right forehead and right wrist which were approximately 3 weeks old. There was also a fresh injury in the form of loss of skin and tissue on his right arm. Multiple nail impressions were found on the appellant's upper and lower back. Those impressions had been made within 72 hours and were consistent with a struggle.
On 19th April, 2005, at around 5:30pm the appellant was interviewed by Police Constable Dhilpaul and Police Corporal Griffith in relation to the death of Taramatee. During the interview he denied any involvement in the murder. Later that evening, in another interview, he confessed to having raped and strangled Taramatee. In that interview, he said that on Friday 15th April, 2005, around 6:00 am he was in the vicinity of the “Senior See. He admitted that he approached Taramatee and dragged her down some steps. He said that there was a struggle and that he fell and scraped the right side of his rib cage. He told her to remove her clothing. After he “fight up with her”, he threw her on the ground and had sex with her and then strangled her with the strap from her bag and covered her body with some tyres.
On the 20th of April the appellant volunteered to take police officers to the scene where he strangled Taramatee. The appellant, his mother and a party of officers proceeded to La Brea Trace, Siparia. There, he showed the officers a bamboo patch where he stood on the morning when he saw Taramatee walking on the road. He also pointed to a spot on the roadway where he made his ‘first attack”, and to a concrete drain where the struggle took place. He took the officers into some bushes and pointed to a spot on the ground where he had sex with her. He stated that she was “bawling” and that he walked up to her, took her bag strap and strangled her. She fell on the ground, and he kept on strangling her. He then directed the officers to an area near a tree where he left her body and covered it up with some tyres. The appellant was cautioned and informed of his rights. On his return to the Siparia Police Station, the appellant gave a statement under caution in the presence of his mother and Justice of the Peace Kevon King, Police Constable Dhilpaul and Police Corporal Griffith, and was later charged for Taramatee's murder.
On 21st April, 2005, the appellant was interviewed in relation to the disappearance of Radha and he denied any knowledge of her disappearance. On 22nd April, 2005, he informed Police Inspector Harridass that he wanted to speak to Police Constable Dhilpaul from San Fernando. Later that day he was interviewed by Police Constable Dhilpaul and Police Corporal Griffith, and confessed to raping and strangling Radha. He was cautioned and informed of his legal rights. He told the police that he saw a school girl alight from a taxi and head in the direction of Spring Trace. She wore a school uniform consisting of a white shirt with a monogram of the Palo Seco Secondary School on the front shirt pocket, a grey skirt, white belt, black sneakers, black socks and carried a black school bag. He stated that he followed her, held her and told her that he wanted to have sex with her and she refused. He then dragged her into the bamboo patch, ripped off her clothes, held her down and raped her. He kept her in the bamboo patch for the evening and raped her about six times. When it got darker he strangled her...
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