KEVON FELMINE
kevon.felmine@guardian.co.tt
Nine years after he went into hiding, former police constable Darwin Ghouralal surrendered to officers at the San Fernando CID yesterday afternoon.
Ghouralal was one of the most wanted men in the country for several years for allegedly murdering eight-year-old Daniel Guerra in February 2011. Ghouralal, who shared a close relationship with Daniel's mother, was charged with murder a month later.
Police said that around 1 pm, WPC Nysus and PC Lange was on duty when they saw Ghouralal walked enter the charge room. He approached the reception area and told the officers that he received information that there was a warrant for his arrest. Acting Cpl Madhoo, the warrant officers, executed the bench warrant on Ghouralal.
Officers took Ghouralal into custody and transferred him to a prison as per his warrant. Police explained that with the judge's warrant, there will not be a police investigation, and the matter would go directly to the High Court for trial.
There was speculation that he had fled the country, but police said there were also reports that he was still in Trinidad and was being aided by relatives. Police could not say why he decided to surrender after all these years.
On February 18, 2011, Daniel, a Standard Two pupil of the Gasparillo Primary School, left his Bedeau Street home in Gasparillo to buy soft drinks at a nearby parlour. The last place anyone saw him alive was on a grassy track leading home. However, relatives said he never made it there. Two days later, a passerby found his decomposing body in a river running along the Tarouba Link Road, San Fernando.
An autopsy performed at the Forensic Science Centre by Dr Eslyn McDonald-Burris and supervised by Dr Valerie Alexandrov concluded that the cause of death was drowning. Unsatisfied with the findings, the family got another autopsy. Dr Hubert Daisley at the San Fernando General Hospital mortuary reported that Guerra died from asphyxia before his body entered the river, suggesting strangulation. US pathologist Dr James Gill, hired by former Attorney General Anand Ramlogan, performed another autopsy at the mortuary and stated that Daniel died from homicidal asphyxia.
On April 11, 2011, investigators arrested and charged Ghouralal with Daniel's murder.
In a case that lasted two and a half years at the San Fernando Magistrate's Court, Ghouralal walked free after Senior Magistrate Rajendra Rambachan upheld a no-case submission filed by his attorneys Sophia Chote S.C and Michelle Solomon.
A 55-paragraph submission directed Rambachan to several elements of the State's evidence the defence argued was circumstantial. It contended that the evidence asked a presiding magistrate to draw inferences to determine whether it made a prima facie case against Ghouralal. Rambachan dismissed the charges, determining that the State, led by Deputy Director of Public Prosecutions Joan Honore-Paul, failed to make a prima facie case against Ghouralal on September 17, 2013.
Honore-Paul told the court that the Office of the Director of Public Prosecutions would apply for a judge's warrant, which allows the State to review the case documents before taking further action. After following through, it went to the High Court for permission to continue the prosecution. A judge reviewed court depositions and issued a warrant to re-arrest Ghouralal.