The State v Peters
| Jurisdiction | Trinidad & Tobago |
| Judge | Holdip, J. |
| Judgment Date | 15 January 2016 |
| Neutral Citation | TT 2016 HC 99 |
| 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 - No case submission — Murder — Joint Enterprise — Whether the prosecution established the culpability of the 2nd defendant for the offence of murder — Whether the prosecution established sufficient evidence to call on the 12th defendant to answer — Whether the statement of the 2nd defendant was voluntarily obtained.
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. Merritt has asserted that:
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a. The Prosecution has not proven prima facie case against Accused No. 2, Keida Garcia.
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b. There is no evidence to prove that he was involved directly or indirectly in the said kidnapping.
Counsel for Accused No. 8 has adopted these submissions.
The accused No. 2 Kieda Garcia was indicted for murder on the 24' 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 will 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 Kieda Garcia was interviewed by Ag Inspector Corbett and Ex-Inspector Nadhir Khan on the 6th January, 2007 at the Homicide Bureau of Investigations, Port of Spain. During that interview as was stated at pages 2 and 3 of the said interview notes, Kieda Garcia admitted that he resides at LP#85 Upper La Puerta Diego Martin and that he “usually lime” with Dwayne Gloster, Shervon Peters, Devon Peters and Earl Trimmingham. Additionally he stated that he was aware of the deceased's kidnapping as he read it on the papers.
The Prosecution has relied on the interview notes of Keida Garcia dated 6th January 2007. The accused made the following voluntary utterances from which the jury is entitled to draw inferences of his connection to the accused, the house where the firearm was discovered, the red brick house where the deceased was murdered:
At pages 2 and 3 of the interview notes it states:
Que.. Friends?
Ans.. DWAYNE, his correct name is ANTHONY GLUSTER, fat boy, AARON is he correct name, I don't know his title.
Que.. Any other friends?
Ans.. Yes, the hobo shanty and so, I does call he Earl Trimmingham and Shivon Gluster they does call him Buffy),
Que.. Did you know about the kidnap lady VINDRA NAIPAUL?
Ans.. No. I only know about her from the papers, in fact what I read in the newspapers, I really eh know about the lady. I eh know about no kidnapping.
Que: Where do you work presently?
Ans: For the past three months I working on the Upper La Puerta Road, we building slabs and stonewall for the river. After work I does bathe and lime on the block right in front meh house right there. Almost every night I does lime right dev up to about 8, 9 or 10 o'clock before I go in to sleep. I usually lime with DWAYNE, SHIVON, DEVON, they are brothers, also EARL TRIMMINGHAM and SAMMY does pass through sometimes. We all of La Puerta.
Kieda Garcia was interviewed again on the 9th May, 2007 by Ag ASP Harry and PC De Gale at the Homicide Bureau of Investigation. During that interview the accused maintained that his friends were Dwayne Gloster, Shervon Peters, Devon Peters and Earl Trimmingham. It is to be noted that at page 2 of the said interview notes Kieda Garcia was asked to describe the house where he lived in response to which he stated:
“I live in a big three storey house. The upstairs is board and the next two storey is concrete. Is family living there. It part off in three different sections. Meh grandmother on one side, meh father and us on one side and meh father brother and he family on one side.”
When asked which part of the house he lived he stated:
“I stay on the last floor that is the ground floor. I have a room there.
When asked who else lived in the room with him he stated:
“Meh child mother and meh son.
It is also to be noted that at page 3 of the said interview notes Kieda Garcia stated that Antonio Charles was at his home “almost every day…. ah every day thing.” Also at page 3 of the notes he stated that the red brick house was situated next to his home. At page 4 of the interview notes the accused stated that he frequented the red brick house, he “used to be dey almost every day.
It is was further stated by the accused that
“we sell the pool table to a man we does call CAPONE. He have a shop in La Puerta. 76 really sell the pool table for twelve hundred dollars and he gave me two hundred dollars. I help him move it out”
When asked whether he had returned to the red brick house after the 6th January, 2007 the accused stated:
“Yeah we did move out the pool table recently so we did have to go back there.”
It is noted that both Kieda Garcia and Marlon Trimmingham stated “we sold” the pool table attaching ownership of the pool table. It is also the evidence of Keon Gloster during the trial proceedings that Raphael scrubbed down a pool table which was then put to dry. The jury is entitled to draw an inference that shortly after the deceased was killed and cut up on the pool table it was scrubbed and later removed from the premises by the accused.
At page 6 of the signed interview notes of the 9th May, 2007 when the accused was asked whether he wore a Marvin Gaye hat he replied ‘No’. The Prosecution submitted that as stated at paragraph 6 (supra) the accused stated that he lived in the room where a Marvin Gaye cap was found. It is the evidence of this accused that:
“The police come and search and found nothing and send me and Antonio outside and one police was inside by he self and say he, find a, firearm.”
The Prosecution submitted that at no time did the accused deny that the Marvin Gaye cap found by PC Hunte was not his. The jury is therefore entitled to draw the inference that despite the accused's averment that he does not wear Marvin Gaye caps the fact that it was found with two holes at its face under a gun used during the kidnapping of Vindra Naipaul Coolman is sufficient circumstantial evidence to implicate him.
Also at page 6 of the said signed interview notes Kieda Garcia stated that he knew ‘IRON’. The accused stated:
“Yeah deh does call him IRON and GUNDY. He living up Hill Crest. Hill Crest is right up in La Puerta.”
The Prosecution has relied on the Interview notes of Keida Garcia dated 9th May 2007. The accused made the following utterances from which the jury is entitled to draw inferences of his connection to the accused men, the house where the firearm was discovered and the red brick house where, the deceased was murdered:
At page 3 of the interview notes:
Que.. How come ANTONIO CHARLES was there?
Ans.. Well he probally came home with JAMEEL cause home by me doh lock up.
Que.. When was the last time ANTONIO CHARLES came home by you?
Ans.. He does always be home by me almost every day. Is almost ah every day thing
Que.. Is there a brick house or plastered close to your home?
Ans.. Yeah next to mine.
Que.. Did you ever frequent that red brick house?
Ans.. Yeah. I used to be dey almost every day.
At page 4 of the interview notes:
Que.. Did you ever return to that unpainted red brick house after the 6th January 2007?
Ans.. Yeah, we did move out the pool table recently so we did have to go back there. But that house lock up now. Nobody do really go there again.
At page 5 of the interview notes:
Que.. Is MARLON TRIMMINGHAM considered your friend?
Ans: Yes. But MARLON living by ANTHONY at Upper La Puerta Avenue.
Que.. Do you know a fella name IRON?
Ans.. Yeah deh does call him IRON and GUNDY. He living up Hill Crest. Hill Crest is right up in La Puerta.
At page 6 of the interview notes:
Que.. In the month of December 2006, can you remember going inside the red brick house?
Ans: Yeah off and on. I used to go there to go and play game. Playstation.
Que.. From the middle of December 2006 to when you get hold on the 6th of January 2007. Do you used to go to that red brick house regularly?
Ans: Well about three times for the week cause I used to live jus next door.
The Prosecution has relied on the Interview notes of Keida Garcia dated 12th May 2007 —
At pages 1 and 2 of the interview notes:
Que.. What is the name they does call the red brick house?
Ans.. Black Album
Que: Is that the same house the pool board was in?
Ans: Yes. Yes Sir
Que: Do you know anyone by the name of DWAYNE?
Ans: Yeah I know DWAYNE.
Que.. Do you know anyone by the name of BLACK BOY?
Ans.. Yes he name is DEVON. He is either a GLUSTER or PETERS.
Que.. Do you know anyone by...
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