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Appeal Court considers defence submissions

By Onika James Wednesday, April 22 2009

Three Court of Appeal Judges yesterday reserved judgment in the Dularie Peters case, citing that “written submissions were extensive, and they needed mature consideration,” before a decision could be handed down.

Peters, 48, was found guilty of attempted murder on May 16, 2008 — 25 years after committing the offence. Ten days later, she was sentenced to 18 years in prison. She is now appealing her sentence and conviction.

Deputy Director of Public Prosecutions Roger Gaspard is representing the State in the appeal while, attorney Jagdeo Singh is appearing for Peters.

The defence is appealing the sentence and conviction of Peters, on the grounds that, she should not have been tried after 25 years, and because of the substantial delay, the sentence imposed on her in the context of the delay was “manifestly excessive.”

Both attorneys submitted comprehensive documents when the matter came up in the Port-of-Spain West Court yesterday.

However, Appeal Court Judges Paula Mae Weekes, Stanley John, and Alice Yorke-Soo Hon, said, “we thank you for your comprehensive, and extensive written submissions but, these submissions need mature consideration, and reflection. These are serious issues raised, and we would give our decision in due course.”

Peters was arrested on September 8, 1983, — four days after she, and a man, held up a newly married couple, on Endeavour Road, Chaguanas. At the time, she was 22 years old. Peters and Krishna Ramkissoon, held up Bhagwandass Cassiram, and his wife Mala, in the vicinity of Sookoo’s Bar on the Endeavour Road. Ramkissoon shot Cassiram three times in the abdomen, and twice as he was on the ground. Peters then told Ramkissoon “look de wife in the car; shoot her too.”

Ramkissoon grabbed Mala Cassiram by the left arm, and shot her in the elbow.

The armed man then pointed the gun to the woman’s head, and threatened to kill her and her husband, who was already bleeding on the ground from five bullet wounds.

Although Ramkissoon was jointly charged with Peters, he is yet to face a judge and jury. He cannot be found. The couple survived the shooting. They both testified at the trial, and were present when Peters was found guilty of the crime.

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