DEREK ACHONG
Two men have been convicted of brutally murdering six-year-old Sean Luke over 15 years ago.
Delivering her decision during a virtual hearing a short while ago, High Court Judge Lisa Ramsumair-Hinds found Akeel Mitchell and Richard Chatoo guilty of the heinous crime.
“All the evidence leads to one inescapable conclusion,” Ramsumair-Hinds said, as she ruled that both men were guilty beyond a reasonable doubt.
Ramsumair-Hinds immediately sought to pre-empt expected calls from citizens for the duo to face the death penalty for the crime.
She noted that the death penalty for murder does not apply when the offence is committed when convicted persons were minors.
“The law is clear. Stop clamouring for it,” she said, as she invited attorneys to agree on a date when she would hear submissions on the mandatory sentence the duo should serve before a court considers the possibility of their release.
The submissions will be presented on August 23.
Luke, of Henry Street, Orange Valley Road in Couva, went missing on the evening of March 26, 2006, and his decomposing body was found two days later.
An autopsy revealed that he died from internal injuries and bleeding arising out of being sodomized with a sugarcane stalk.
Chatoo, who was 16 years old at the time, and 13-year-old Mitchell, who is the stepson of Chatoo’s brother, were charged with the crime.
During the trial, State prosecutors led the evidence of two teenagers Avinash Baboolal and Arvis Pradeep, who claimed that Chatoo had invited Luke to accompany them on a fishing expedition.
Both Baboolal and Pradeep claimed that they saw Luke, Chatoo and Mitchell enter an abandoned sugarcane field, where Luke’s body was eventually found, with only Chatoo and Mitchell emerging.
However, while Baboolal claimed that they entered the field on their way to the river, Pradeep claimed the diversion came when they were returning.
Both claimed that they heard a strange noise emanating from the area but neither went in to investigate.
In her decision, Justice Ramsumair-Hinds said she believed Baboolal but not Pradeep, as his (Pradeep) evidence was filled with inconsistencies and bizarre statements.
State prosecutors also relied on a video-recorded confession statement, in which Chatoo implicated himself and Mitchell.
In the recording, Chatoo claimed that Mitchell, who was spending time at his home, requested that he (Mitchell) have sex with him.
According to Chatoo, after he refused, he reluctantly agreed to Mitchell’s request to introduce him to Luke, who was his (Chatoo) neighbour.
Chatoo claimed that he merely held Luke’s hands as Mitchell raped him and sodomized him with the sugarcane stalk.
Chatoo elected to testify in his defence during the trial and claimed that he fabricated the confession as he was threatened and coerced by homicide detectives.
Chatoo denied any wrongdoing and claimed that Mitchell did not accompany the group on the fishing trip. He also sought to suggest that Baboolal may have been the perpetrator.
Justice Ramsumair-Hinds repeatedly rejected the suggestions against Baboolal.
“I remain sure on the evidence that Avinash Baboolal was not involved,” she said.
She also rejected Chatoo’s testimony over alleged police misconduct in relation to his confession, as she noted that the police officers were cogent and compelling witnesses.
She also noted that she chose not to rely on Chatoo’s original confession as she said that he attempted to downplay his role in the crime.
Prosecutors were also relying on DNA evidence collected in the case, which showed that Mitchell’s semen was found on Luke’s discarded underwear.
A second DNA profile, not linked to Chatoo, was found on the sugarcane stalk and on anal swabs taken during Luke’s autopsy.
Justice Ramsumair-Hinds upheld the evidence of the State’s DNA expert Dr Maurice Aboud.
Mitchell was represented by Mario Merritt, Randall Raphael and Kirby Joseph, while Evans Welch, Kelston Pope and Gabriel Hernandez represented Chatoo.
Sabrina Dougdeen-Jaglal, Anju Bhola and Sophia Sandy-Smith prosecuted the case.
