Derek Achong
The mere sight of the pair of clothing her son was wearing the last time she saw him alive, a little over 14 years ago, was enough to make Sean Luke’s mother break down in pain and anguish, yesterday.
Pauline Barath, who had been relatively composed since she began testifying before Justice Lisa Ramsumair-Hinds, last Friday, was understandably grief-striken as she was shown a pair of blue shorts and underwear and asked to identify them once more.
“It’s my baby underwear. His jockey shorts,” Barath screamed.
The wails and tears that followed appeared to have a contagious emotional effect on almost all present in the virtual hearing including seasoned prosecutors and defence attorneys, and Justice Ramsumair-Hinds, who all stayed silent before Barath was allowed to compose herself privately and use the washroom.
Akeel Mitchell and Richard Chatoo, who stand accused of committing Luke’s especially heinous murder as teenagers, sat stoically from separate video conferencing rooms at the Maximum Security Prison in Arouca, throughout Barath’s harrowing testimony.
At the start of the hearing, Barath resumed by saying that Mitchell said he did not know where Luke was after she found him sitting near a shed in her yard on March 26, 2006.
Barath, who had awaken to find that Luke had left home while she was asleep, claimed she was not immediately concerned by her six-year-old son’s absence.
“I was never concerned because I lived around family,” Barath said.
She claimed that Mitchell stayed with her for a short while until Chatoo and a group group of boys from their Henry Street, Orange Valley Road, Couva, community were walking by her house.
She claimed that Chatoo, who she said would come over to play with Luke in the past, also denied knowing where Luke was.
Barath said she then began going to relatives and neighbours homes in search of her son.
Barath claimed that one resident identified as Marvin told her that he had seen Luke walking in a track that led to a fishing facility.
She spoke to the guard at the location but he claimed he did not see Luke.
Barath claimed that when she returned to the community, Mitchell told her that he had seen Luke going into another track with a tall man dressing in white.
Mitchell’s uncle and Chatoo’s stepfather Raymond Bruzual, who he (Mitchell) had moved in with about three weeks prior, then came over and relayed the same information about the man in white
While being cross-examined by Mitchell’s attorney Mario Merrittt, Barath admitted that the identified track led to Inshan Ali Park in Couva, where Luke’s father Daniel would meet her when he took his on some weekends.
Pressed on why Luke’s father chose to pick him up at the park instead at her home, Barath said he preferred that arrangement and repeatedly denied that it was due to him being unwanted in the area.
“I know it could not be Sean’s father,” she said.
Barath admitted that when she reported her son missing she told police what she had heard and also that she went to Luke’s father home in Heights of Aripo to see he had taken their son.
“At that time I was grasping at straws and would do anything to find my son,” she said.
Luke’s father then returned to Couva with her to continuing searching.
Barath admitted that the following morning she went to the United States Embassy to report Luke missing as he was a US citizen having being born in New York. She also did a television interview.
When she returned home, there were police and a crowd gathered outside
Police officers then escorted her to an area of the abandoned sugarcane field, which bounds the community, and asked her to identify the same pair of shorts and underwear she was presented with yesterday
“The pockets were pulled out. Sean liked to wear it like that. He use to say it looked like doggie ears,” Barath sobbed.
While being quizzed by Merritt, Barath admitted that she did not notice any red stains on Mitchell’s clothing when she found him in her yard. However, she said she was not paying much attention to him.
She also accepted that none of the children and teenagers, who were with Chatoo, said that they had seen Luke with Mitchell.
During their cross-examination of Barath, Merritt and Chatoo’s lawyer Evans Welch both seemed to raise the possibility that a teenage resident, identified as Avinash, was somehow involved in Luke disappearance and eventual murder.
Barath said she saw the teen but neither she nor her son interacted with him as he was much older that Luke.
Asked whether Avinash was tall enough to reach the latch of the gate to the property, Barath noted that Mitchell and Chatoo would have been able to as well.
Avinash also featured heavily in their cross-examination of the State’s next witness Nehemiah Ramdhanie, a neighbour who assisted in searching for Luke and found his clothing in the sugarcane field.
Ramdhanie admitted that he (Avinash) was among the search party but denied that he (Avinash) had directed him and others where to search.
He also denied that Avinash had pointed him in the direction where he eventual found the clothing.
He claimed that the sugarcane field was overgrown and he could not see fellow villagers, who were walking feet apart through it.
He admitted that he was not involved when Luke’s body was eventually found the following day.
Before the hearing was adjourned prosecutor Sabrina Dougdeen-Jaglal was able to tender the uncontested formal admissions of some of the witnesses, that will not testify during the trial.
Two of the witnesses were police officers, who took photographs when the clothes and Luke’s body was found.
Grisly black and white photographs taken by one of the officers during Luke’s autopsy at the Forensic Science Centre were also displayed and tendered into evidence.
As was the statement of the District Medical Officer (DMO), who visited the crime scene where Luke’s nude body was found and noticed a cane stalk protruding from his anus.
Mitchell is also being represented by Kirby Joseph and Randall Raphael, while Kelston Pope and Gabriel Hernandez are representing Chatoo.
Anju Bhola and Sophia Sandy-Smith are also prosecuting.
The trial is expected to resume tomorrow.