Update: Chief Magistrate upholds ‘No Case Submission’, frees murder accused

[www.inewsguyana.com] – The murder charge against twenty-eight-year-old businessman Randy Jagdeo of Third Street, Alexander Villager, Georgetown, was discharged by Chief Magistrate Priya Sewnarine-Beharry after the Prosecution failed to prove the element of the capital offence.

On September 3, 2013 at Eccles East bank Demerara, Jagdeo allegedly murdered his friend Kirk Davis.

He was represented by Attorneys – at – Law, Mark Waldron and Roger Yearwood. Defence Counsel Yearwood made a no case submission at the end of the Preliminary Inquiry on the grounds that the Prosecution did not prove the elements of the offence.

According to Yearwood’s submission, the Prosecution proved that the deceased died as a result of a gunshot wound, but did not prove who inflicted the injuries.

The no case submission was upheld by the Chief Magistrate after Police Prosecutor Bharrat Mangru indicated that the Prosecution will rely on the evidence before the Court.

The Prosecutor said Rondell Marks called ‘Barber’ and Naliffa Dookie – the girlfriend of the deceased – who is the main witness in the matter, were absent on several occasions during the trial, despite the fact that they were summoned to Court.

The accused appeared in Court on October 30, 2013 last, where it was revealed that Davis kissed Jagdeo’s wife on her neck while at Palm Court, Main Street, on September 2, 2013 – a day before the murder.

On the evening of September 3, 2013 Jagdeo went to the home of the deceased at Eccles Housing Scheme, East Bank of Demerara, in a silver Toyota Allion motorcar to clarify the allegation.

It was noted that Davis was called out of his home and was seated in the back seat of the car when a heated argument erupted and the suspect came out of the driver’s seat of the vehicle and fired several shots at Davis.

Davis’ body was dumped and the suspect fled the scene. A post-mortem revealed that Davis was shot more than 15 times with a 9mm pistol.