Without the military records, the evidence presented by the prosecution pointed to the guilt of former Special Forces soldier, Ricardo de Four. The jury had no choice but to bring De Four in guilty, along with six others, on July 31, for the kidnapping and death of US citizen, Balram "Balo" Maharaj. The questions remain: If De Four had the military records, would it have made a difference to the outcome of the case? Would the jury have returned with a different verdict? Would they have had difficulty in reaching a verdict? No one knows for sure.
Judging from the radio talk shows, the on-line comments and the proceedings from the Washington trial, carried exclusively in the T&T Guardian since September, people are wondering whether De Four received a fair trial before Judge John Bates at the E Barnett Prettyman Federal Court between May 26 and July 31. De Four has moved the court with a motion seeking a new trial. He contends that at his trial, he could not present his alibi defence, because records from the T&T Defence Force were not handed over to him, which could have proven that on the day that Maharaj was kidnapped, April 6, 2005, he was conducting a training course for Special Forces operatives at Camp Omega, Chaguaramas.
But De Four has many hurdles to overcome if he is to successfully mount a serious challenge to get a new trial. Based on the trial transcripts, there was overwhelming evidence against De Four from four co-conspirators, which linked him to the Maharaj kidnapping and other similar fact crimes. He would have to explain to the judge his confession statement to the police, and the eight cell phone calls made to key witness, Jason Percival, just before the kidnapping.
THE CASE AGAINST DE FOUR
Assistant US Attorney, Emily Miller, described De Four as a main player in the kidnapping of Maharaj. She said it was Anderson Straker who brought the plan to Sgt Leon Nurse at Defence Force headquarters, Chaguaramas. Nurse took the plan to De Four who knew about clandestine operations and how not to get identified.
Evidence revealed that De Four became acquainted with Percival during the Dexter Jagdeo kidnapping. De Four carried the "Balo" plan to Percival to determine whether the kidnapping was possible. Percival wanted to find out whether it was real and whether the Maharaj family had money.
There were two crews operating, one headed by Wayne "Ninja' Pierre, and the other, the soldiers De Four, Nurse, and Ricardo Stevenson, with Percival being the link between the two groups. The evidence showed while "Balo" was being snatched, De Four and Percival kept an eye on things from a distance. Percival said he knew De Four since 1996 through Stevenson, his cousin. He was accustomed seeing De Four at the Mellow Moods Bar, Bourg Mulatresse, and at Stevenson's house. Another co-conspirator, Russel "Saucy"' Joseph, said he met De Four during the Jagdeo kidnapping and he saw him about ten times between 2004 and 2005. Leon Nurse said he knew De Four for seven years and he was his friend. Another co-conspirator, Winston Gittens, said he met De Four in 2004, having been introduced to him by Percival.
He said whenever he saw De Four, he was driving an Elantra car and that he would be with Nurse and Pierre. But he could not identify De Four during the trial in the courtroom, despite being given three chances by the judge. De Four's role, according to the prosecution, was one of surveillance; he agreed to participate, drove down by the bar and waited. His role was to clear the roads.
He got involved in the Jagdeo kidnapping. His role was that of a driver, a surveillance man, to collect the money and pay Nurse. Percival said he was with De Four doing surveillance. Prosecutor Miller said when De Four was arrested at Defence Force headquarters, he was taken to the Barataria Police Station. There was no discussion during the journey related to the case. He waived his rights and answered all questions asked. He said on the day of the kidnapping, he left work at 4 pm after getting a call from Percival. He signed six pages of interview notes in which he recounted everything. He did not say that his confession was false or was fraudulently obtained.
According to Miller: "He had an upright military bearing at the start of the interview and later started to bend his head. "He paused for a while and looked like a man caught out. What he never told you on the stand was where he was on April 6, 2005. "He never said he was an instructor on a training programme, or that he left early that day, or that he loaned his phone to Nurse." Miller asked: "Why would he loan his phone to Nurse when he has to be reached 24 hours a day in case of an invasion?" According to the records, De Four made eights calls to Percival between 4.13 pm and 5.30 pm on April 6, 2005, and Maharaj was snatched at 6.45 pm. De Four called Percival 43 times, 27 of which were made in May 2005.
THE CASE FOR DE FOUR
De Four's attorney, Jonathan Zucker, said the case against his client was a growing textbook of mistakes by officials. One of the mistakes, according to Zucker, was using Percival as a witness.
Zucker spent time dealing with the absence of military records which could give De Four an alibi on the day of the kidnapping.
"How far is Camp Omega from Bourg Mulatresse? It is approximately an hour-and-a-half away. The kidnapping took place at 6.45 pm and where was Ricardo at the time the event took place? The prosecution was wearing blinders, all based on Jason Percival's testimony. He could not have done what the prosecution said he did." Zucker said Percival swore that De Four was with him all day, yet the records show De Four was conducting a course at Camp Omega, at least up to midday.
He found it strange that when De Four was detained at the Barataria Police Station, the police read him his rights and he confessed just so. Zucker turned to Winston Gittens, who could not identify De Four in the trial. "When Gittens was interviewed by the lead investigator, Sgt Wendell Lucas, he did not mention De Four's name. He only mentioned De Four's name when he spoke to FBI agent, William Clauss," he said. On the issue of the phone records, Zucker said no one could say who spoke on the phone. De Four said that everyday when he went to the gym to exercise, he checked his weapon, phone and other records with Nurse who used his phone whenever he wished. De Four said that all these things came about because he went to Percival's home and confronted him with several soldiers over a debt he had concerning a rental car. There was an incident following which Percival threatened to report him to his seniors in the army, he said.
