Jimmy Cherrie, 42, a deportee from Canada, walks out San Fernando Magistrates’ Court a free man, with his attorney Ainsley Lucky. Photos: Rishi Ragoonath

By Yvonne Webb

THE nine-month long preliminary inquiry into the murder of a security guard came to an anti-climatic end yesterday, when a crucial state witness said he could not recall the incident.

Birmal Balkissoon, who had pleaded through attorney Subhas Panday for protection by the State, one week ago, came to court without any accompanying police officers.

He took to the stand and swore on the Bhagvad Gita, but then suffered a memory lapse, which resulted in one of the two accused being freed.

Jimmy Cherrie, 42, a deportee from Canada, walked out of San Fernando Magistrates’ Court a free man, after Deputy Chief Magistrate Mark Wellington upheld a no-case submission by his attorney, Ainsley Lucky.

Wellington ruled, however, that a prima facie case had been made against the other accused, Jerome Barker, 49, who was also deported from Canada.

Barker was committed to stand trial for murder at the next sitting of the Assizes.

The two were charged with murdering Securicor security guard Manmohan Ramdhan, during a robbery outside Len Hap Supermarket on June 28, 2006.

Before the start of yesterday’s case, Panday informed Wellington that he had done all that he was capable of doing.

Panday said he wrote to National Security Minister Martin Joseph on March 11, to put Balkissoon into protective custody.

“Nothing has been done,” Panday told the court.

“For me to pursue this will appear that I have a vendetta, and I, too, am afraid to die.”

The State, represented by attorneys Shabana Shah, had called 25 witnesses in this matter.

State witness Birmal Balkissoon.