The State v Peters
| Jurisdiction | Trinidad & Tobago |
| Judge | Holdip, J. |
| Judgment Date | 15 January 2016 |
| Neutral Citation | TT 2016 HC 103 |
| Docket Number | Cr. No. 12 of 2009 |
| Court | High Court (Trinidad and Tobago) |
| Date | 15 January 2016 |
High Court
Holdip, J.
Cr. No. 12 of 2009
Mr. I. Khan SC, Mr. G. Peterson SC, Ms. J. Balkaran, Ms. K. Thompson, Ms. S. Sandy appeared on behalf of The State
Mr. M. Merritt, instructed by Mr. C. Chandler appeared on behalf of Shervon Peters
Mr. M. Merritt, instructed by Ms. A. Romero appeared on behalf of Keida Garcia
Mr. S. Mohamed, instructed by Mrs. S. Benjamin-Roach appeared on behalf of Marlon Trimmingham
Mr. C. Selvon, instructed by Ms. T. Francis-Brooks appeared on behalf of Earl Trimmingham
Mr. M. Merritt, instructed by Mr. S. Noreiga appeared on behalf of Ronald Armstrong
Mr. I. Brooks, instructed by Mrs. S. Benjamin-Roach appeared on behalf of Antonio Charles
Mr. U. Skerritt, instructed by Mr. N. Ali appeared on behalf of Joel Fraser
Mr. W. Sturge, instructed by Mr. R. Vincent Charles appeared on behalf of Lyndon James
Mr. R. Valere, instructed by Mr. S. Wilson appeared on behalf of Devon Peters
Mr. J. Pantor, instructed by Ms. C. Crevelle appeared on behalf of Anthony Dwayne Gloster
Mr. L. Sankersingh, Ms. L. Lakhan instructed by Mr. A. Rahman appeared on behalf of Jamille Garcia
Criminal practice and procedure - Application of no case to answer — Murder — Whether there was any evidence of an agreement or meeting of the minds to establish a common design or joint enterprise to commit murder — Whether the prosecution had proven that the presence of the fourth defendant was anything more than accidental — Whether the evidence taken at its highest made the fourth defendant more than a voluntary spectator — Whether the prosecution's evidence was manifestly unreliable.
On the 23rd November 2015 the Prosecution through Israel Khan, SC closed its case against the accused.
By submissions filed the 8th December 2015, Mr. Selvon has asserted that:
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a. The Prosecution has not proven a prima facie case against accused No. 4, Earl Trimmingham as there is no evidence of any agreement or meeting of the minds to establish a common/design or joint enterprise to commit murder.
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b. The Prosecution has not proven that the presence of Earl Trimmingham was anything more than accidental.
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c. The Prosecution's ‘s evidence at its highest makes Earl Trimmingham nothing more than a voluntary spectator.
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d. The Prosecution evidence is manifestly unreliable because of the following:
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i. No blood on the pool table
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ii. No evidence linking the accused to the kidnapping
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iii. Evidence from Mike Moulden that it was unlikely if a body was in the hole that the cadaver dog would not have picked up that scent
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iv. Keon Gloster recanted his evidence and denied giving a statement to the police.
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The accused No.4 was indicted for murder on the 24th July, 2007. It is the case for the Prosecution that the accused being aware of the kidnapping and disappearance of Mrs. Vindra Naipaul Coolman kept her against her after which she was killed.
The Prosecution's case is that Vindra Naipaul Coolman was kidnapped on the 19th December 2006 and killed during the period 19th December 2006-12th May, 2007.
The accused was interviewed by Inspector Veronique and PC Codrington on the 6th January, 2007 at the Homicide Bureau of Investigations, Port of Spain. During that interview into the kidnapping of Vindra Naipaul Coolman the accused stated “ah not saying nothing without meh layer present” and did not give the contact information nor name of his attorney, refusing also to allow Inspector Veronique to contact a family member or relative.
The accused was also interviewed by WPC Johnson and PC Jack on the 9th May, 2007 at the Homicide Bureau of Investigations, Port of Spain. This Court notes that during that interview involving the kidnapping and disappearance of Vindra Naipaul Coolman, Earl Trimmingham stated:
“Ah was here before and ah tell all yuh i f ah did know anything ah woulda assist all yuh… ah was here before and I tell all yuh if ah did know anything ah woulda assist all yuh…. I don't know anything.”
The Prosecution submitted that the accused on the 12th May, 2007 requested to speak with WPC Johnson and Constable Mohammed, however he was informed by WPC Johnson that Constable Mohammed was on enquiries and she requested of the accused whether “it will be alright with him to speak to her and Sgt Jason Forde.” It is submitted that during that requested interview Earl Trimmingham stated “No scene….ah know for sure I eh do no kidnapping and I eh kill nobody eider and dat is the truth ah talking….” Upon informing the accused that she was assisting in the kidnapping and death of Vindra Naipaul Coolman the accused was cautioned after which he stated “Officer I done tell yuh already I eh kidnap nobody and me eh kill nobody and I talking de truth and me eh makin no jail for nobody.” The Prosecution highlights that during that interview the accused began crying after which he stated “Today I sit down and study dis whole scene and when ah tink to tell allyuh de truth, I know things right! Today I say leh mih set mihself free and ah should talk de truth and don't take no murder charge for dem fellas. Ah start tuh deny it too eh at first but ah have tuh set mihself free.
It was submitted that during that interview the accused stated:
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a. That he was liming in La Puerta with “fat boy, Q and two other people was just liming when 41 pull up in ah white new model Nissan car. 41 and he pardoner come out and they start tuh lime wit we….41 say fellas we have ah wok tuh do, de wok is for allyuh to do.” See page 3 of the Interview Notes
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b. “76 start to tell me that the wok dat 41 have for we is ah kidnapping work. Me eh say nutten and Q and me remain talking as 76 leave we and I end up showin Q de scene about de wok 41 want we to do.” See page 3 of the Interview Notes
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c. “84 come out from de back seat and ah see 84 go around de other side of the car and take out ah woman from the back seat. Ah make out it was ah woman because ah coulda see de womanish features in de person and she had on ah jeans pants and ah brown top but it had ah big green piece ah clothes covering she whole head. It had grey duct tape on she hands dat did bound together and it had duct tape on she foot too and she was barefoot. 84 tote she inside the Red Brick house. De woman was groaning. One time ah realized dat, it was the wok dat 41 was talking about when he did come up some weeks before.” See page 4 of the Interview Notes
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d. “peep inside de brick house we does call Black Album.” See page 4 of the Interview Notes
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e. “Ah went inside and ah saw de same person who ah notice 84 did tote out de car and put on de ground, still same place on de ground and she was in de same clothes and de green cloth was on she head. She still had duct tape on her hand and feet” See page 4 of the Interview Notes
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f. “about two days after ah first saw 84 toting in de woman into de red brick house ah see an Indian woman picture on de papers and de story was about how she get kidnap in Chaguanas. Ah stay and talk with 51 and X and 58 ah lil while and I leave.” See page 5 of the Interview Notes
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g. “Dat woman stayed there for about ah week or more and during dat time I went there about two times and I know dat 58 was taking care ah she cooking and ting for she nah. On de two occasions dih had on de cloth on she head… …De first time I see de woman face is when ah see she lying down on the pool table and she was lookin dead. 76 come and tell meh how she dead. Ah was seeing blood on she bodice front and on she legs. Ah went and look at her face and realize dat it is de same woman from Chaguanas dat get kidnap and who ah see in the papers.” See page 6 of the Interview Notes
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h. “when ah notice dat she dead it was 4 o'clock in de evening. I leave shortly after and went home. Ah come back down de road about near one or two de next morning just to see 84 with an electric saw in he hand cutting up the woman on the pool table. As 84 was cutting up the woman body he was handing she parts to 51 and X and 58 and dem was stuffing de legs and hands and thing in double garbage bags. It had real blood on the pool table. In all, she body parts hold in four garbage bags.” See page 6 of the Interview Notes
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i. “Since earlier dat evening ah see tools like fork, cutlass, machete and pickaxe and thing in de red brick house and me eh know whey dih come from.” See page 6 of the Interview Notes
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j. “51 and X, de burn up man, 58 and 84 scramble up curtains and put the garbage bags with the woman parts in it and 84 de burn up man, 58, Q, Y, 76 and X and 51 went up the hill in de back of the red brick house and I walk up with dem too tyh see what dih was going to do. Everybody had tool in dih hands for digging except the ones holding the bags with de body parts.” See page 7 of the Interview Notes
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k. we reach up to a spot by nearby to a tree. Dem fellas put down the garbage bags and we realize dat de ground was real hard so 58 and Q and me walk to by ah shack on the hill side dey. Dat is Shabba shack and we tote water in some pig tail buckets up to by de spot dat we wanted to dig the hole and we wet the ground and dig, wet the ground and dig. Me, Y, Q, 58 and 76 take turns using different tools to dig de hole dat was to bury de Indian woman in.” The accused was cautioned after which he stated it is the truth and continued “when the hole was about a few feet deep we stop digging and everybody pull down de black garbage bags into the hole and Me, Q and Y come down de hill leaving the rest ah dem up the hill with the tools…. I went straight home and I bathe and I went and sleep” See page 7 of the Interview Notes.
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I. “yuh see 41 dem, eh watch he keep all the money and we eh get one cent for all dis foolishness we get weself in nah.” See page 9 of the Interview Notes
This Court takes note that...
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