Sherleytine Ernesta’s murder trial   |01 February 2023

CJ to give voir dire decision this morning

Chief Justice and presiding judge in Sherleytine Ernesta's murder trial, Rony Govinden, will this morning give his decision on the voluntariness and admissibility of a statement by Lussel Labiche, following yesterday's voir dire.

The trial within a trial was held in the absence of the nine-member panel jury, following objections raised by the defence on Monday.

Counsel Clifford Andre, who is representing first accused Lussel Labiche, objected on the grounds that the sixth statement from Labiche is 'hearsay', that his client was oppressed and faced undue pressure from the police to make the statement, and that Labiche was not made aware of his Constitutional right to have a lawyer present during the process, on the evening of May 27, 2022.

In a bid to prove the voluntariness of the statement, prosecutors Hemanth Kumar and Gulmette Leste produced the recording officer and witnessing officer, both sergeants, before court yesterday.

Counsel Andre on the other hand had his own client testifying on the stand, where he detailed the circumstances under which he made the statement.

While under oath, Labiche alleged that a forensic psychologist had been present during the interview in addition to the two sergeants, which they both denied.

The forensic psychologist appeared in court during the afternoon where she noted that she had contact with Labiche twice ‒ on May 17 and only during the morning of May 27, one on one. Her visits to him were with the purpose of checking his wellbeing.

In his closing arguments, prosecutor Kumar argued that Labiche fabricated the allegations so as to gain some sympathy in the case. He presented the court with three rulings in particular whereby the court ruled on statements or confessions given voluntarily, but to which there are objections later in the case, arguing that the statement was voluntary and should therefore be admitted.

As for counsel Andre, he put before CJ Govinden that neither sergeants could establish on any basis why a sixth statement was needed from Labiche. He went on to refer to another officer as an agent provocateur, and said the officer made threats and promises to Labiche with the knowledge that he would not be recording the statement from Labiche.

Counsel Andre therefore moved that the court consider excluding the statement. He added that he had no authority to present to court since all the rulings are not in favour of excluding a statement when the voluntariness is being questioned.

CJ Govinden is to consider all the submissions made, and will deliver his decision as of 10am this morning.

Upon concluding the voir dire decision which will determine if the statement can be admitted as a prosecution exhibit, the jury will be called back for the case to continue.

Labiche is the first accused in the case and is charged with conspiracy to commit murder and murder. Second accused Ashten Elisabeth is also charged with conspiracy, and aiding and abetting in the offence of murder.

Laura Pillay