Peter Radgman A/C “Slap Eye” v The State
| Jurisdiction | Trinidad & Tobago |
| Judge | A. Yorke-Soo Hon, JA |
| Judgment Date | 13 September 2023 |
| Neutral Citation | TT 2023 CA 63 |
| Court | Court of Appeal (Trinidad and Tobago) |
| Year | 2023 |
| Docket Number | Criminal Appeal No. T 025/2019 |
A. Yorke-Soo Hon, J.A
G. Smith, J.A.
V. Kokaram, J.A.
Criminal Appeal No. T 025/2019
CR. NO. T-005/2015
IN THE COURT OF APPEAL
Mr. B. Dolsingh instructed by Mr. C. Selochan and Mr. D. Carter appeared on behalf of the Appellant.
Mrs. T. Hudlin-Cooper and Mrs. S. Dougdeen-Jaglal appeared on behalf of the Respondent.
On June 18, 2009, the Appellant was charged with the murder of Kooldip Maharaj, who was also known as “Rishi” or “Manicou Pandit”, (“the deceased”). On May 1, 2019, he was found guilty and sentenced to death. He now appeals his conviction.
The Appellant and Ramesh Ramsamooj also called “Rishi” or “Pie” (“Ramsamooj”) both lived together in a house at All Fields Trace, Lowlands, Tobago. On June 13, 2009, Ramsamooj was not at home. He went to Trinidad. The Appellant ‘limed’ with Ramjeet Sookram also called “Chico” (“Sookram”) from about 9:00am. They cooked and drank alcohol, specifically ‘Puncheon’ rum and Sookram left around 2:00pm to purchase more alcohol and returned with a half bottle of ‘Puncheon’ rum. Upon his return, he took about one or two drinks with the Appellant and then left for his home.
Around 6:30pm, that evening Ramsamooj returned home from Trinidad. He saw the Appellant sitting on the couch and he hailed him out. The Appellant had a ‘half of rum’ next to him and there was a little bit left in the bottle. Ramsamooj went into his room and shortly after went to his neighbour's home, Joanne Baptiste, (“Joanne”) some 20 feet away, where they chatted for a while.
After some time, Ramsamooj saw the deceased, walking into All Fields Trace. The deceased did not live with him but was accustomed to visiting him from time to time. The deceased drifted by the porch and vomited on the landing in front of Ramsamooj's house. He then went into the house and laid down on the couch in the living room. Shortly after, Ramsamooj checked on the deceased and noticed that he was asleep on the couch, lying with his hands behind his head, which was his usual sleeping position. The Appellant was standing in the kitchen at the time. Ramsamooj then returned to Joanne's home, where they continued talking.
Around 9:30pm Joanne started to hear noises similar to that of wares falling. The noise came from Ramsamooj's house. She and Ramsamooj then saw the Appellant exit the back door of the house and he was fumbling to button his shirt. The Appellant came to Joanne's home where he met her and Ramsamooj and asked Ramsamooj for $5.00. Ramsamooj told him that he did not have any money and the Appellant then hurried away.
Ramsamooj then went across to his house and with the use of the light from Joanne's telephone, he saw the deceased lying in the same position he had last seen him, but he had a pigfoot lodged in the right side of his face. Ramsamooj last saw that pigfoot when he returned home that evening, at the side of the cupboard in his bedroom. Ramsamooj then went to Sookram's home and told him of what he had seen and Sookram came to the house.
Crime Scene Investigator Cpl. Llewlyn Taylor, arrived at the scene shortly after and recovered the pigfoot, which was stuck in the right cheek of the deceased.
That night, shortly after 10:40pm, the Appellant's employer, Hollis Scott, (“Scotty”) telephoned the Appellant. The Appellant told him that one of the persons who was at the house where he was staying stole his pay and he and that person got into an argument which resulted in him, the Appellant, hitting that person. Scotty told him that the man was seriously injured and was hospitalised. Scotty met the police and together they went to the location where the Appellant was and arrested him. Scotty observed that the Appellant looked a little more intoxicated than stable.
On June 14, 2009 Ag. Sgt. Kirk and WPC Quashie-George met the Appellant at the Moriah Police Station, where he was cautioned. The Appellant said, “ De man come in drunk and start tuh rush into me just so. We didn't have no argument. I pick up de pigfoot and hit him but ah must be hit him too hard and I run away. Just coming and put meh in trouble just so.” WPC Quashie-George asked the Appellant if he sustained any injuries and he said, “ Like only ah little deafness in meh ears.” WPC Quashie-George then told him that his clothing would be needed for forensic testing and he said “We didn't wrap up or nothing. He rushed me and I hit him with de pigfoot.” The Appellant then said “ De man hit me about 4 or 5 lash in meh head. He beat me in meh head. He ambush me, and ah defending mehself.” These utterances were recorded, read over to and signed by the Appellant.
Later that day, the Appellant was taken to the Scarborough Regional Hospital for medical attention where he was examined by Dr. Baker.
Also, on June 14, 2009, Dr. Valery Alexandrov performed a post-mortem examination on the body of the deceased and found the cause of death to be oxygen deprivation combined with blunt force trauma to the head. He observed cluster wounds to the right side of the head which suggested that the head was not moving. He found no defensive wounds on the body but noted the following injuries: a laceration to the right cheek, a wound over the right eyebrow which went deep and was associated with a skull fracture, a fracture across the midline of the skull, fracturing the left orbit, a wound to the chin made by the teeth of the pigfoot entering at a different angle and a wound to the upper right lip formed by the tooth of the pigfoot, forming a flap of skin. The shirt worn by the deceased had an enlarged L-shaped tear near the last button which matched the sharp end of the pigfoot. In his opinion, the deceased was drunk or unconscious. He also opined that the deceased was smothered with the shirt first and then repeatedly hit, 4 times, with the pigfoot to the face. He was of the opinion that the deceased was in a lying or supine position throughout, as the wounds were straight down and a lot of force was used to cause the fractures. The deceased could not have aspirated on his own blood because there was no blood in the airways or lungs.
On June 15, 2009, the officers met with the Appellant again and he gave an interview under caution which was recorded by WPC Quashie-George, read over to and signed by the Appellant. In the interview, the Appellant said that he was at his house, sitting on the bunk in the drawing room, preparing to go to bed, the back door was locked and the front door was open. The deceased just rushed into the house through the front door began to hit him repeatedly without saying a word. He did not know if he came to rob him or if someone had sent him to beat him. The deceased hit and kicked him about 10 to 15 times. The only thing the Appellant was able to reach for was a pigfoot. He picked it up and hit the deceased about two times. He said the deceased was standing in front of him and he “crank him” one in his face, then “crank him” again. The deceased went into the next room which was opened. At that point the Appellant ran out the front door because he was afraid that the deceased might hit him again. When he ran outside he did not see anyone. He said he felt dizzy from the lashes and he went and slept in Amigo's truck.
He explained that he fell unconscious in the truck and woke up when his cellular phone rang. Scotty, his employer called him and told him to come out on the main road. When he came out, he met the police who handcuffed him. Scotty told him that the deceased had died and the Appellant said he could have ‘dropped down’ when he heard that. He said that he never had any mishaps or too many interactions with the deceased before. When asked about what he did earlier that day, the Appellant said he and Sookram ‘limed’ and drank a half bottle of ‘White Oak’ rum. He said he only drank alcohol on the weekends since he worked during the week. He drank beers, ‘White Oak’ or ‘Magnum’ but he “don't really fight up behind puncheon” but he would drink it.
The following day, the officers met with the Appellant again and informed him of the outcome of the autopsy. He was cautioned and replied, “ Me eh even touch de man. I hit him with de pigfoot in he mouth and must be de blood from he mouth that go into he nose and stifled him.”
That day the Appellant complained of feeling vibrations in his ear. He was again taken for medical attention at the Scarborough Regional Hospital where he was examined by Dr. P. Nageshwari and a medical report was obtained on his behalf which recorded no external injuries.
Blood samples taken from the body of the deceased at the post-mortem examination were analysed and he was found to have a blood alcohol level of 212 milligrams per 100 millilitres, which is consistent with intoxication. The level fell within the excitement and/or confusion stage of alcohol influence with associated signs and symptoms.
On June 18, 2009, Ag. Sgt. Kirk and WPC Quashie-George again met with the Appellant, cautioned him and charged him for the murder of the deceased. He replied, “Not even manslaughter, boy?”.
The Appellant testified in his defence but called no witnesses. He was a truck driver employed with Scotty and lived in a house at All Fields. He drank alcohol when he ‘limed’ and mostly had ‘White Oak’ rum but he took one or two drinks of ‘Puncheon’ rum. He did not know the deceased's real name and had never spoken to him or ‘limed’ with him before. On the date in question, he bought supplies and cooked. Sookram came over and they were later joined by Sookram's girlfriend and her children. Sookram had bought a half bottle of ‘White Oak’ and around 2:00pm he purchased ‘Puncheon’. The Appellant drank ‘White Oak and Coke’ and...
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