Sherleytine murder trial:   |02 February 2023

Statement of first accused admissible as evidence, CJ rules

Chief Justice Rony Govinden yesterday ruled that the sixth statement given by the first accused in the Sherleytine Ernesta murder trial on the evening of May 27, 2022 was done so voluntarily, and is thus admissible as one of the prosecution’s exhibits.

He delivered the ruling yesterday morning following a voir dire on Tuesday, where it was up to the prosecution to prove beyond reasonable doubt that the statement was given voluntarily by Lussel Labiche, and not while he was under undue pressure as he and his counsel Clifford Andre alleged.

CJ Govinden in giving the verdict stated that both sergeants, the recording officer and witnessing officer involved in the process of obtaining the 12-page statement from Labiche were credible in their accounts and are both “witnesses of truth”.

Contrary to what was alleged by Labiche, CJ Govinden ruled that he was indeed informed of his Constitutional right to a lawyer and that there was no intimidation of violence by police officers upon him.

Labiche, while under oath on Tuesday claimed that an officer not involved in the interview and recording of statement had acted as an agent provocateur, making threats related to his wife and children so as to oppress him into giving the statement.

He further claimed that aside from the two sergeants, a third person, a forensic psychologist was also present throughout the process, something which she denied when she appeared before court on the same day.

The two sergeants were also produced in court on Tuesday to detail the circumstances and procedures followed in obtaining the statement.

According to CJ Govinden, the accusations made by Labiche regarding the officer who allegedly acted as the agent provocateur are “untrue and concocted”.

He thus concluded that the statement was given voluntarily and in accordance with the law, especially considering that Labiche made nine corrections after having it read back to him.

CJ Govinden added that the prosecution successfully proved beyond reasonable doubt that Labiche was not coerced whether before, or when under caution, and that the statement thus stands.

It was on Monday which Counsel Andre raised certain objections, and contested the admissibility of the statement, resulting in the voir dire.

Having concluded the trial within a trial,the jury resumed their duties and the case continued as normal with the prosecution proving its case against Labiche, and second accused Ashten Elisabeth.

Laura Pillay