PDA

View Full Version : PROTECT AND SERVE? - Policeman freed of killing schoolboy



jacques
11-03-2007, 09:52 AM
Something in today's Guardian to give us that nice warm feeling inside that everything is under control.......

Policeman freed of killing schoolboy

BY SASCHA WILSON

Guardian South Bureau

Tempers flared outside the San Fernando High Court yesterday after a jury found Police Constable Sunil Tota-Maharaj not guilty of killing a schoolboy during the Borough Day celebrations in Point Fortin two years ago.

Crying out for justice, furious relatives and friends of 19-year-old Mervyn Caton Jr converged in front of the court to express outrage over the judgment.

Officers of the Crime Suppression Unit were on hand to maintain order as tears flowed and emotions ran high among the small group.

The outbursts lasted for about 20 minutes, with some young men—friends and relatives of the boy—threatening to take the law into their hands.

An irate man shouted: “He (Tota-Maharaj) will not last the night...You’ll have to ship him out.”

Caton Jr’s father, Mervyn Caton, blamed the trial judge for the outcome of the case.

“All the witnesses for the prosecution said he shot the boy,” he said.

“He (the judge) disregarded every bit of that evidence and he push in their (jury) head for them to make it accidental.”

On the brink of tears, Caton added: “He direct the jury on what to say...He should resign,” he added.

“That is not justice. This is the worst I have ever seen. This was a clear-cut case.”

For security reasons, a court official said, Tota-Maharaj, 34, of Mt Lambert, and his relatives were whisked away through the back entrance of the courthouse to prevent any clash between them and Caton Jr’s relatives.

Tota-Maharaj is the son of former UNC Senator Vimala Tota-Maharaj and grandson of secretary general of the Maha Sabha Sat Maharaj.

The State’s case against Tota-Maharaj, led by Theodore Guerra, SC, and state attorney Aden Stroude, was that he deliberately shot Caton Jr in the head at point-blank range with a mini Uzi sub-machine gun in front of Togetherness Bar at Egypt Village in Point Fortin on May 6, 2005.

Tota-Maharaj, then assigned to the Inter-Agency Task Force, had been detailed to provide extra security for the Borough Day celebrations.

Caton Jr, a student of Siparia Senior Comprehensive School, remained in a coma for 13 days before he died at the San Fernando General Hospital.

But Tota-Maharaj testified before Justice Maharaj and the 12-member jury in the Third Criminal Court that he was placing something into his car when he felt a tug on the strap of his gun.

While turning, Tota-Maharaj said, his gun accidentally went off.

He said he saw Caton Jr place his hands on his head and fall to the ground.

Tota-Maharaj was defended by attorneys Israel Khan, SC, and Ulric Skeritt.

Yesterday, after the judge directed the jury on the law, they deliberated for an hour before returning the verdict in favour of the policeman.

©2005-2006 Trinidad Publishing Company Limited

Scorpio
11-03-2007, 09:57 AM
Hummm...the gun acidentally went off :roll: :roll:

BW
11-03-2007, 02:31 PM
Who to believe... a court of justice or a newspaper article?

jacques
11-03-2007, 07:37 PM
The sad thing is you don't know who to believe...

But I thought that to walk into a public place with a loaded submachine gun and the safety off (well it had to be off otherwise the gun would not have gone off accidentally right?) and to find oneself in a position where a member of the public can grab hold of the gun (that is what he says happened right?) constitutes criminal negligence. So will any charges be brought on that account?

kemist
11-04-2007, 03:47 PM
The sad thing is you don't know who to believe...

But I thought that to walk into a public place with a loaded submachine gun and the safety off (well it had to be off otherwise the gun would not have gone off accidentally right?) and to find oneself in a position where a member of the public can grab hold of the gun (that is what he says happened right?) constitutes criminal negligence. So will any charges be brought on that account?

Good question.

If anyone out there knows the T&T law system please respond :

I would also like to know whether this is the end of that officer's trial or if the family can take it further, i.e. if criminal negligence can be proven, would the family be able to place a lawsuit against the individual officer (or police department)?
I know this isn't the U.S. but i'm just curious.

serenity
11-06-2007, 09:13 AM
Well if fault lay in the directions the judge gave to the jury, then couldnt they appeal the decision?

lou_uk
11-20-2007, 02:44 PM
Who to believe... a court of justice or a newspaper article?

Well, from knowing the family, witnesses and details of what went on, I safely believe them. The verdict in this case was influenced heavily by the judge in what I also believe was a clear case of favouritism. No money passed. Anand Ramlogan alone would give you an insight into how many favours are done.

Yeah and everybody believes Sat when he washed his hands.. Autopilot is more like it.


The sad thing is you don't know who to believe...

But I thought that to walk into a public place with a loaded submachine gun and the safety off (well it had to be off otherwise the gun would not have gone off accidentally right?) and to find oneself in a position where a member of the public can grab hold of the gun (that is what he says happened right?) constitutes criminal negligence. So will any charges be brought on that account?

Simple! The police have a duty (duty of care) to protect and serve as the thread says. If, well, when the appeal gets nowhere, the family then have the option of making it a civil case (see Ramlogan), where they can take the officer and the police service to court for damages, (not sure about criminal negligence) due to their inability to maintain their contract.

No conviction but compensation, which in my opinion is a loss.

lou_uk
11-20-2007, 02:54 PM
PS: Mervyn Caton was not your typical good boy. He was defintely a good boy. ;)

serenity
11-27-2007, 07:58 AM
I may have missed it, but who is the judge?
And lou_uk, are the family taking this further? If what u say is true, then I really think they should. And there are lots of lawyers who will do it pro bono since it has the has the markings of what could be a landmark case.

reficul
03-19-2008, 10:16 AM
Sorry to bring this up again but I am just seeing this. A few days ago I was having a conversation about these cases. Some of the defendants/accused are guilty as hell but they are exonerated because some people seek revenge rather than justice. Other cases such as Gaylene Bonadine and the boy that was shot in St. Barbs by the Police. His name escapes me right now. People came from everywhere saying that they saw what happened and went to court and gave conflicting evidence. The defense just had to prove that they were not there. Focus is taken away from the crime and diverted to the credibility of the witness. This is one of the main reason for some of these people getting away with murder. Mind you, some of the victims my not have been saints. Sorry if I spelling of the name is wrong.

dancerboy
03-19-2008, 11:54 AM
Who to believe... a court of justice or a newspaper article?
ALL YUH STOP BADTALKIN DE COUNTRY.

dancerboy