Trial collapses at Berbice High Court after key witness declines to give evidence

Acquitted: Deochand Somar

A case before the Berbice High Court came to an abrupt end on Thursday after the virtual complainant declined to testify, leaving the prosecution without its central witness.
The accused, 41-year-old Deochand Somar of Smithfield Village, New Amsterdam, was subsequently freed of the sexual penetration charge following the discontinuation of the matter.
Somar had been charged in relation to an allegation that he engaged in sexual penetration with a 14-year-old girl on November 1, 2010. He pleaded not guilty to the offence and was represented by attorney Chandra Sohan.
The matter was called before Justice Deborah Kumar, with State Prosecutor Marisa Edwards reading the indictment. A 12-member jury was empanelled and stood ready to hear the evidence.
The prosecution had indicated that seven witnesses were scheduled to testify, including the virtual complainant and two Police officers. However, proceedings took an unexpected turn when the complainant informed the court that she was unwilling to give evidence and requested that the case be discontinued.
Justice Kumar subsequently addressed the jury, explaining that the prosecution was no longer in a position to proceed without the testimony of the virtual complainant. As a result, the case was formally discontinued.
In the absence of evidence to be led, the court ordered that Somar be acquitted, bringing the long-standing matter to a close and discharging him from the charge.


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