Manslaughter case enters second day of hearing |26 April 2023
Prosecution calls two more witnesses
On the second day of the hearing into the manslaughter case against Espedie Barra, in relation to the death of 15-year-old Lenny Marcel on August 11, 2019, the Court yesterday heard from two more witnesses from the prosecution.
Firstly, it was the forensic pathologist of the Seychelles Hospital, Dr Lander Barreta Betancourt, who had been called in as an expert witness to substantiate the autopsy report of his predecessor, Dr Raul Ramirez Sala, who has since left the country, following the expiry of his contract.
The report, which was admitted as evidence, gives detailed information about the scene of the accident as well as the autopsy of the deceased.
Speaking with the help of a local interpreter, the Cuban doctor who has 33 years of experience as a forensic pathologist, described the internal and external evidence of the body as stipulated and depicted in the report, to the court.
One enquiry from prosecutor Langsinglu Rongmer, referred to several marks found on the neck of the deceased. Dr Lander explained that although he was not at the site of the incident and did not do the autopsy, he believed the marks were caused by a sharp object, most likely a red ‘NO ENTRY’ metal sign found at the scene of the accident, and depicted in the photographic images.
“This is one possibility; there could be others but this is the most possible,” said Dr Lander, who also gave detailed evidence about the brain of the deceased as per the autopsy. Dr Lander’s expert testimony was supposed to continue in the afternoon yesterday, but was postponed to this morning, as his interpreter was unavailable.
In the afternoon the court heard another witness from the prosecution – 32-year-old Nelson Adela of Bel Air – who claimed he was on Ile Soleil earlier on that fateful day and even had an exchange with the accused, Mr Barra who is an acquaintance.
He told the court that on the mentioned date, the accused had told him there were some young lads riding their motorbikes back and forth recklessly, and he would soon handle them.
Mr Adela told the court that he was on Ile Soleil, on his way to buy pebbles at UCPS. He was there at the request of his companion, a man named Assad, who had wanted to see a house where he does some menial work as a labourer.
Mr Adela also told the court that the chain barring entrance to Ile Soleil via the Anse Aux Pins bridge was down on that day.
He also told the court that he was still in the Anse Aux Pins vicinity when the accident occurred and claimed he heard all the commotion and saw people rushing to the bridge leading to Ile Soleil.
Under cross-examination, the accused’ counsel, Joel Camille, claimed Mr Adela’s testimony was misleading and that he had lied to the court.
Firstly, he told the court the date Mr Adela alleged he was going to UCPS was a Sunday and the company is closed on that day, to which Mr Adela admitted.
However, he said other information in his testimony was true.
Counsel Camille also questioned the date of the statement given to the police, which occurred a year after the incident, on October 16, 2020, claiming that Mr Adela was influenced as he was approached by the police.
Mr Camille also told the court that the witness lied about the chain, stating that since June 2019, the Ile Soleil Development company had issued a directive for the chain to be up at all times, with a clear NO ENTRY sign, making it a restricted area to all. So, it was impossible for Mr Adela and his companion to have been on Ile Soleil on that day and to have seen or spoken to the accused.
The deceased, Lenny Marcel, was killed instantly, when a scooter he was riding collided with a chain that was stretched across a second bridge in the area, leading to Ile Soleil. Espedie Barra is accused of intentionally putting up the chain to prevent Lenny from crossing.
In today’s hearing, the court will hear more witnesses from the prosecution team, whereas the defense will start calling their four witnesses later this week.
Patsy Canaya