By Sue-Ann Wayow
A MAN who spent 13 years’ in jail for a 2006 murder is now free.
This after the trial judge found that the testimony of the main witness in the case was not credible.
Stephen “Sprang” Cummings, 37, was arrested in 2008 for the murder of Deolal Ramnath also called Selwyn which occurred on May 9, 2006.
Ramnath was killed by a single gunshot wound to the head. Cummings was charged with one count of indictment.
Justice Gail Gonzales delivered her ruling during a virtual High Court session on Monday. This was Cummings’ third trial. His first trial was aborted while the second one resulted in a hung jury.
Cummings, of Laventille, was represented by attorney Larry Williams instructed by Tiffany Ali while Stacy Laloo Chong Kezia Grey Birkette appeared for the State.
In her written statement, Justice Gonzales said that on November 11, 2020, Cummings filed a form 31 certificate indicating that he wanted his matter tried by a judge without a jury. On February 17, 2021, she ordered that Cummings be tried by a judge alone and on April 22, 2021, the trial commenced.
“Due to the Covid-19 pandemic and the resulting public health regulations, I conducted the trial virtually.
“In light of the stark increase in Covid-19 cases, both sides agreed that because the main prosecution witness was unable to read, that whenever he is required to read any document it would be read to him remotely, to reduce the incidence of persons being in close proximity to each other. I found the accused Stephen Cummings not guilty of the charge of murder,” she said.
The only issue in dispute in the case was whether Cummings was the person who shot and killed the deceased, the judge said.
One of the main reasons for her decision was the contradictory statements made by the key witness.
Gonzales stated, “Inconsistencies in a witness’ testimony may affect his credibility. While an inconsistency in one area may have little effect on his credibility as a whole, the cumulative effect of several inconsistencies may serve to undermine the credibility of the witness.”
She noted that given the 15-year span since the murder, details may be sketchy in the minds of the witnesses.
Given the differing versions, she said, “I found myself in the position of not knowing what version of the incident to accept.”
Justice Gonzales said, “I find the accused Stephen Cummings not guilty and he is discharged.”
