Monday, February 19, 2018

Three plead guilty to killing watchman be sentenced after probation officer report

TWO brothers and their cousin pleaded guilty yesterday to manslaughter in the Carnival Tuesday 2002 killing of security guard Narine Babwah at a primary school in Gasparillo.

Sherwin Walker, 27, Sheldon Walker, 35 and Kirth "Quincy" Alexander, 24, entered the plea before San Fernando High Court Justice Hayden St Clair. They said they were not guilty to murder but guilty to the lesser count of manslaughter.

The guilty pleas came following weeks of legal arguments between the State and defence attorneys.

Prosecutor Trevor Jones said the State which also included attorney Angelica Teelucksingh had accepted the men's pleas.

He read from statements given separately by the men to the police in the presence of a Justice of the Peace following the February 12, 2002 killing of Babwah, 42 of Barrackpore.

The men had said that Alexander's 13-year-old sister, Camaria Alexander, and a 14-year-old female neighbour went to the school to use the bathroom at around 2 a.m. On their return, the girls said that a man at the school had tried to kiss them.

The three defendants then went to the school and the girls pointed out Babwah.

The Walkers told police that Alexander beat the man.

Sheldon Walker said he threw a bottle which struck the man on the back.

Sherwin Walker said he (Sherwin) had a bottle in his hand but did not throw it.

Babwah's body, Jones said, was found at the side of the road to the back of the school.

Babwah's cousin Hazarie Deopersad told the police that he saw Babwah walk across the school compound around mid-night. He said he also saw a girl point, and at the same time saw a bottle hit Babwah on his head.

Deopersad told officers he saw bottles being continuously thrown at Babwah who "bawled and started to flee the school."

Deopersad left and made a report to the police and the next time he saw Babwah was when he returned with an officer. Deopersad said Babwah was "on the roadside, at the back of the school, lying on his stomach, face down with his tongue hanging out of his mouth."

Pathologist Hughvon Des Vignes conducted the post mortem which found that Babwah died from blunt force head injury caused by a severe degree of force with a hard, blunt object.

A search warrant was later executed at the Walker home in the presence of their parents and three men were taken into custody. They were charged with murder ten days later.

The jury was empanelled on January 8, and had been instructed to return to court next week Monday. But the judge told them they were asked to be in court yesterday because both State and defence had "reached a position that could resolve the case."

The jury was needed for the process to be completed.The foreman of the jury, which had six alternates, was instructed to return a "formal verdict" of guilty of manslaughter but not guilty of murder against the men.

Several documents were tendered into evidence including a certificate of analysis that Bawah had 51 microgrammes of alcohol in his system.

Alexander was represented by attorney Campbell and Gizelle Landeau, Sheldon's attorney was Richard Valere and Marissa Bubb. Sherwin was represented by attorney Rekha Ramjit.

The attorneys asked that mitigation be deferred until they read the probation officer report. St Clair Douglas ordered that the document be submitted by February 5.

The case will be called two days later.