Former T&T soldier, Ricardo de Four, is still waiting for records from the T&T Defence Force, which he says can prove that when Balram "Balo" Maharaj was kidnapped on April 6, 2005, he (De Four) was at Camp Omega, Chaguaramas, and could never have been at Aranguez to supervise the kidnapping.
De Four has been trying for more than a year to get the records from the military and/or the Ministry of National Security.
He wanted the records for the trial last year but they never arrived and the trial ended in the Washington Federal Court with him being convicted. He has filed a motion seeking a new trial and, again, he is asking for the records which will give him an alibi to the crime. Yesterday, his Washington attorney, Jonathan Zucker, expressed disappointment the records were still missing. He told the T&T Guardian: "What you might be interested in knowing is that despite our repeated requests, plus your articles, we still have not received the additional documents showing whether or not De Four left the camp or what time he left the camp on the day of the kidnapping. "Representations have been made that they would be produced, but we are still waiting," Zucker added. He said the documents were promised to his client last Friday but nothing arrived. In his 37-page motion, De Four, 36, believes he should be granted a new trial on three grounds. He claimed his right to present an alibi defence was impaired by the court's denial of his motion for an adjournment, and the court's denial of his request for an alibi instruction. De Four further claimed he was denied the right to present a third party culpability defence by the Government's failure to comply with its disclosure obligations. He also argues that his so-called confession to the T&T Police Service was improperly admitted at the trial. The former soldier said he was extradited to the United States in August 2008 and months later he started the process of seeking the records to show he was at the army base at the time when Maharaj was snatched.
He said despite his frequent contacts with military and Government officials and assurances that the records would be forthcoming, no records were produced. De Four pointed out it was not until his lawyer's trip to Trinidad in May 2009, that it was "increasingly apparent those documents will likely never be disclosed." Because of the absence of the records, De Four says he was forced to make opening statements at his trial on May 27, 2009 "without reference of an alibi" and the cross-examination of the Government's cooperating witness was conducted without information regarding his alibi. In his motion, De Four pointed out that the secretary of the Ministry of National Security, in his October 14, 2009 letter, disclosed gate slips for April 6, 2005 did not exist, having been incinerated in August to September 2005, after being damaged by rain. On the issue of a denial of an alibi instruction, De Four says he was not present at the scene of the kidnapping and if he had to be convicted, it would have been on aiding and abetting. That, despite the evidence of accomplice witness Jason Percival that De Four was involved in the planning meeting at the home of Leon Nurse to first kidnap son Dinesh Maharaj and later Balram Maharaj. De Four's motion claims the error of the court was not harmless beyond a reasonable doubt, because he speculates "the jury considered De Four's inability to establish a complete alibi as evidence of guilt."
THE CASE
Zion Clarke, Kevon Demerieux, Wayne Pierre, Ricardo De Four, Anderson Straker, Christopher Sealey and Kevin Nixon were found guilty by a jury for taking US citizen, Balram "Balo" Maharaj hostage, which resulted in his death. Maharaj, 62, a Trinidadian, was kidnapped on April 6, 2005, from the Samaan Tree Bar, Aranguez, and detained in the Santa Cruz forest. A $3 million ransom was demanded for his safe release, but Maharaj died while in captivity and no ransom was paid. His remains were found in two containers in the Santa Cruz forest on January 8, 2006. The seven filed motions after the convictions, seeking a new trial or total freedom. Four others who were extradited to the US to face the same charges, turned prosecution witnesses.
* TOMORROW: The US Government responds to the motions