Elon Ketwaroo was acquitted of murder in the High Court after defence counsels successfully argued there was no case to answer.
Ketwaroo, 37, was on trial for the murder of 72-year-old Carmona ‘Calypso Farmer’ Samuel, who was found dead at his home in September of 2017.
At the closing on the prosecution’s case, the defence argued Ketwaroo should be cleared of the murder charge as the prosecution failed to make out a prima facie case.
The argued no jury properly directed could convict Ketwaroo since there was no evidence to prove she stabbed Samuel and caused his death.
They pointed to witness testimony that the deceased had previously made comments about killing himself and said no evidence had been offered to prove the fatal injury to his chest was not self-inflicted.
The defence also noted Ketwaroo had been seriously injured during the incident and suggested Samuel had intended to kill the defendant then take his own life.
After considering the arguments, the court upheld the no case submission and directed the jury to acquit the defendant.
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Good for her! Now steer clear of suicidal, controlling, limp dick old men.
Stay away from the old farts.
This is the outcome of a domestic violence situation. As a nation we can avoid such situations by bringing much needed awareness to the issue of Domestic Violence. Let us all please take a stand against Domestic Violence , save a life and just say no.
When we see abuse, when we hear abuse do not turn a blind eye. Speak up and speak out. Let us not choose to blame the victims and understand Domestic Violence sees no gender, race, class or religion. Domestic Violence takes lives and shatter families.
FOR BETTER UNDERSTANDING
It cannot be said that the Accused was ‘…Found Not Guilty.’ She was never called upon to go on her defence.
Thus, the Jury had only heard ‘…ONE SIDE’ of evidence, and that came only from the ‘…Prosecution’s witnesses.’
The Defence, in the absence of the Jury, contended and argued that the ‘…Prosecution had failed miserably to make out a ‘..Pima Facie Case.’
This is the stage where the Trial Judge would look at the legal arguments presented by both the Defence and the Prosecution to determine if it had discharged its burden necessary to place the Accused on her defence.
The Prosecution would have argued that they have adduced credible, substantial and irrefutable evidence that they had done so. Conversely, the Defence would have argued inter alia;
(a) …That the Prosecution had failed to establish a prima facie case against the accused;
(b) …There was no nexus, that is to say, there was not even an iota of evidence linking the accused to the injury reportedly sustained by the Deceased;
(c) …Taken at its highest, the evidence adduced was suspect; and
(d) …A properly directed Jury would find it unsafe to convict the Accused.
In ‘…No Case Submissions,’ it is the Trial Judge, based upon his knowledge and understanding the law and Laws of Evidence,’ shall determine if the Accused shall be called upon to face the Jury.
The Trial Judge shall look at the submission and totality of the legal arguments advanced by the ‘…Defence and Prosecution.
If the Trial Judge was of the ‘…firm judicial opinion’ that the Prosecution had failed to establish a ‘…Prima Facie Case’ against the Accused,’ then he/she is ‘…judicially empowered to instruct the Jury to declare the Accused not guilty,’ as obtained in this case.
This was also recently obtained in the trial of ‘… former Executive Secretary of the Board of Education (BOE), D. Giselle Isaac.’
The one thing about these ‘…judicial decisions,’ one never know if the Director of Public Prosecutions (DPP) may exercise his constitutional and Statutory powers in instituting ‘…Appellate Proceedings.”
One may recall the ‘…School Buses Fiasco’ in which a ‘…Magisterial Decision’ was so appealed and the end results of that appeal.
This might be different though.
The Appellant (DPP) would have to show the ‘…Appellate Judges’ where the ‘…Trial Judge went wrong in Law.’
Know that anyone who is ‘…Duncy as a ‘Bat’ or anyone whose ‘…Head is hard as ‘Rock’ cannot help.
Only ‘…Ras Smood,’ but hell work if he is ‘irie.’
Would be contending and arguing that ‘…15 Grammes’ is not enough.
Judges might ask, ‘…What happened to the four plants?
Could never say, ‘…Me done smoke dem dey ah ready.’
Wha ya saying “Pomp”? She MIGHT be quilty?????
NO CERMLE
This was not a …Verdict.’
The simple reasons are ;
(i) …The 12-member Jury had not heard the totality of the evidence (both Prosecution and Defence);
(ii) …There was no Summation by the Trial Judge of the totality of the evidence, neither were there any directions on law by the said Judge;
(iii) …They were not retired to consider, and/or called upon to deliver their verdict.’
They were not present when the ‘…No Case Submission’ and ‘…legal arguments’ were made to the Trial Judge by the ‘…Defence Team of Daniels and Associates and the Public Prosecutor.’
The Trial Judge (not the Jury) in his ‘…judicial capacity and wisdom’ decided that;
(a) …The Prosecution had not established a ‘…Prima Facie Case; and
(b) …The legal directions and explanations that he was judicially bound to give to the Jury, there was no reasonable prospect of conviction,’ had the Accused been called upon to go on her defence.
The Jury heard only the evidence of the Prosecution, when they were excused from hearing the submissions on ‘,..No Case To Answer’ (Defence) and a ‘…Case To Answer (Prosecution).
Anything with ‘farmer,’ has something to do with ‘…farming.’
Not sure what the hell she may have reaped, but certainly not what ‘…Ras Smood’ may ‘snuff’ out ‘…Duncy Bat and Rock Head’s life for, if they snatch some to make ‘…Ganja Sugar Cake.’
Can’t think of a darn thing else.
From a professional perspective, the ‘…Case against the Accused female,’ appeared ‘…woefully short of, or wanting of evidence.’
This was particularly so, since it appeared that there was no ‘nexus’ to show that it was the Accused that had ‘…snuffed out the life of the farmer.’
Well, ‘..Dead man tells no tale.’
Though he shall not be seen as ‘…Abusing the Process,’ power resides with the Director of Public Prosecutions (DPP) to’…test the judicial and legal knowledge, as well as the rationale and adjudicating wisdom of the Trial Judge.
This is often done in the ‘…public’s interest,’ but more importantly in the ‘…administration of justice.’
So the autopsy report. Wouldn’t the medico know whether the wound was self- inflicted or otherwise? But I guess one can stab oneself with enough force to cause injury and or death.
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