A FRUITLESS exercise.
That was the response by Senior Counsel Sophia Chote on the possibility of an attempt by the State to reindict her client, Detective Constable Darwin Ghouralal, on the charge of murder.
Ghouralal was set free on Wednesday of the murder of eight-year-old Daniel Guerra, whose decomposing body was found near a river in Tarouba in February 2011.
Ghouralal was released from custody when Magistrate Rajendra Rambachan upheld a no-case submission after the prosecution’s case in the San Fernando Magistrates’ Court.
Upon the ruling, Deputy Director of Public Prosecutions Joan Honore-Paul told the court the prosecution intended to apply for a judge’s warrant, signalling her request to have a copy of the deposition or notes of evidence recorded in the enquiry.
Yesterday, when asked to comment on the possibility that Ghouralal could be placed again before the court for the charge, Chote said: “I think that would be a fruitless exercise, having regard to the material which came out in evidence in the preliminary enquiry and which was disclosed to the defence.”
Chote said since the preliminary enquiry was over, she was able to allude to aspects of the material presented in the hearing.
“There is clearly an identifiable relative of the deceased, in my view, who ought to have been a little more closely scrutinised.
“There are a series of statements from the aunt of the deceased with respect to the treatment of this child at the hands of that relative, who lived at the home where he stayed,” said Chote.
“The police have had that statement in their possession for some time, whether they initially showed it to the Director of Public Prosecutions when seeking his consent to lay the charge of murder, I can’t say. It certainly places an entirely different perspective on the case.
“We will have to deal with it, if and when it comes,” said Chote, regar-
ding the State’s plan.