Justice Simone Morris-Romlall has ordered that one of the accused in the Tain domestic worker murder be set free.
The ruling came following submissions from Attorney-at-Law Murseline Bacchus challenging the committal of Nazeema Permaul to stand trial in the High Court for murder.
The action was filed against the Director of Public Prosecutions, the police and the Director of Prisons.
Bacchus quoted a number of authorities, both local and overseas, and cited a number of deficiencies in the prosecution case.
The businesswoman was committed in November last to stand trial for the execution style killing of domestic worker Lelawattie Mohamed at her Lot 149, Sixth Street, Tain Settlement, Corentyne, Berbice home on February 7, 2017.
Following the committal of Permaul, her husband, Oliver Permaul, Andre James and Rohan Johnson, Bacchus filed a writ at the Berbice High Court asking for a review.
According to the writ, there is no direct evidence against the 42-year-old woman for the murder. The Magistrate at the committal proceedings did not hold a usual Preliminary Inquiry. She held one by way of paper committal.
The writ noted that the function of a Magistrate is to ensure that no one is sent to trial unless a prima facie case is made out against them.
“I urge that you bear in mind that for the Magistrate to have lawfully committed the applicant, she had to use the statements tendered by the prosecution and nothing more, as those statements stand in the place of sworn testimony normally given at a regularly Preliminary Inquiry”, the attorney stated.
The writ called on the Judge to order that Permaul be released from prison. During the Preliminary Inquiry into the execution of a domestic worker on the Corentyne, Shabikie Albert, one of the five accused, was set free by Magistrate Charlyn Artiga at the Whim Magistrate’s Court.
Permaul was alleged to have been hired by Indira Outar, the alleged mastermind, who was set free by Magistrate Charlyn Artiga last year.
Mohamed was killed execution style when two masked men broke into her home and demanded money under the pretext of a robbery. She was shot at close range to her head.
It had been reported that Nazeema Permaul was the mastermind of a plot to kill Mohamed. It was also reported that Permaul allegedly paid $400,000 to have the woman executed.
Mohamed was involved in an extra-marital relationship with Permaul’s husband. Following the application to have Permaul released, Justice Simone Morris-Romlall ordered she be set free.
