Dana Seetahal PI – Prosecutors say no-case submissions should be overturned

PROSECUTORS on Thursday presented the second part of their response to the defence’s no-case submissions in the preliminary murder inquiry into the death of Independent senator Dana Seetahal, SC.

The State’s response was contained in a video presentation which showed the evidence it is relying on in its prosecution of the 10 men charged with Seetahal’s murder.

The video presentation was narrated by Assistant Director of Public Prosecutions George Busby who went through all the State’s evidence against the men and how each accused was linked to the murder. Last week, Busby made oral submissions on the law with the aid of speaking notes which was shared on screen for the court and the defence to follow.

Thursday’s hearing of the preliminary inquiry was held virtually. Presiding magistrate Indrani Cedeno, who is in Tobago, was in her office while most of the accused were in three separate rooms at the prison set up for virtual hearings.

Busby, lead prosecutor Gilbert Peterson, SC, and special prosecutor Elaine Green appeared to be at their individual law offices while one of the defence attorneys, Roshan Tota-Maharaj was at his.

Virtual court hearings were established as part of the Judiciary’s covid19 emergency measures. The virtual hearings have also eliminated the need for the police to block off the streets of Port of Spain surrounding the Port of Spain magistrates’ when the matter is scheduled for hearing.

Busby’s video presentation lasted three hours and at the end of it, he said the defence’s no-case submission should be overturned. He also advised that all the evidence in his video presentation was obtained from the evidence led during the preliminary inquiry which began in 2015.

He also accused the defence of engaging in an “exercise to delay the process” by a request for a copy of his copy of the presentation.

Busby was responding to a submission by Tota-Maharaj that some of the inferences made by the prosecutor in the video were not supported by evidence.

Cedeno agreed with Busby that the question of interpretation and inferences had nothing to do with what the court had to determine at this stage- which is to say if there is sufficient evidence upon which a jury can convict.

Despite this, Busby agreed to provide the defence with his video presentation on a flash drive by Monday, after which the defence will present their final responses by Friday when the matter resumes.

Before the court charged with Seetahal’s murder are: Rajaee Ali, Devaughn Cummings, Ishmael Ali, Ricardo Stewart, Earl Richards, Gareth Wiseman, Hamid Ali, Kevin Parkinson, Leston Gonzales, Roget Boucher.

An eleventh man, Stephan Cummings, was discharged of Seetahal’s murder in December 2017, after the DPP exercised his powers under section 90( c ) of the Constitution and discontinued the proceedings against him.

Instead, Cummings was charged with conspiracy to murder and turned state witness against his brother and the others.

The ten men before the court charged with Seetahal’s murder are also charged with being members of a gang.

Seetahal was shot dead on May 4, 2014 in Woodbrook as she made her way home.