The trial in the murder of 21-year-old Sherleytine Ernesta officially started yesterday, following the selection of the nine-panel jury.
Two persons, namely 44-year-old Lussel Labiche of Takamaka and 18-year-old Ashten Elisabeth of Anse Royale, both stand charged with two counts each, after the body of Ms Ernesta was found in Bougainville on May 4, 2022.
Ms Ernesta had been reported missing by her family on May 3.
Labiche is facing two counts, the first being conspiracy to commit murder and the second being murder. He is being represented by Counsel Clifford Andre.
Elisabeth also stands charged with conspiracy, as well as aiding and abetting a person to commit murder. She is represented by Counsels Rene Durup, Efna Chang-Thiou and Audric Govinden.
Both accused were formally charged on May 31, 2022 and have both pleaded not guilty to the charges laid against them.
The proceedings commenced yesterday morning with the selection of the nine-juror panel. Five females and four males are to hear the case and decide the fate of the two accused.
As is the case in criminal cases, the burden of proving the case beyond reasonable doubt rests on the prosecution, State Counsels Hemanth Kumar and Gulmette Leste. The prosecution will have to, through witnesses and evidence, prove to the jurors that the two conspired to commit the act of murder, that they had intent to commit the act, and that they indeed committed the act.
In selecting the jury, a total of 100 summons were issued, 71 of which were served. Of the 71, 68 potential jurors reported to court yesterday morning. From the four who were absent, two had communicated valid reasons to court with the relevant documents and certificates, while Chief Justice Rony Govinden ordered that the other two who failed to show up, nor to provide valid reasons, are to be fined R200 or face seven days imprisonment.
Prosecution’s case
During the afternoon yesterday, the prosecution presented to the jury a summary of its case.
According to prosecutors, Ms Ernesta was reported as missing by her mother who filed a complaint to the Anse Royale police station on May 3, 2022, where she stated that her daughter had left home and not returned since May 2, and that this was not the norm.
Investigations indicated that Labiche was the person last seen with Ms Ernesta, and as such, he was arrested on May 3. Labiche’s vehicle was seized as certain red spots were found in the back of his vehicle. Swabs and analysis later confirmed that this was human blood.
Information gathered by the police led officers to the Bougainville area, where a female body was found covered by shrubs, on May 4. Upon examining the body at the scene, officers allegedly found that the victim’s mouth had been taped using a grey-coloured tape and that the victim had suffered injuries to the stomach area, legs and arms. The body was identified and confirmed to be Ms Ernesta by her mother.
At that point, Labiche was once again interviewed, where he allegedly revealed that he had taken Ms Ernesta to Bougainville on May 2. He confessed that an argument broke out between them, and she struck him, so he stabbed her multiple times with a knife, before covering her body with shrubs, the jury heard. Allegedly, he also later used her phone to text his phone as a cover-up.
Labiche voluntarily accompanied the police to the scene of crime where he showed them where the incident occurred, and where he had discarded the knife, which was also recovered.
The jury also heard how Elisabeth was also interviewed on the same day at the Anse Royale police station, where she affirmed that she has been in a long-standing relationship with Labiche, and that she was facing issues with Sherleytine for some time. She handed her phone over to the police then.
On May 5, call logs obtained by police showed that during the time that Ms Ernesta was missing, Labiche was allegedly continuously contacting Elisabeth. Upon being brought back to the police station, Elisabeth voluntarily confessed that she was present at the scene of the incident, and that she saw the first accused and two other men in the same vicinity. It is also claimed that she confessed to seeing the body covered in shrubs and left the scene of the crime without telling anybody of the happenings. She was arrested on the same day.
Allegedly, Sherleytine’s phone was found at Elisabeth’s house the day she was arrested.
As explained by State Counsel Leste, further investigations and digital examination revealed audio files which indicated at the time that Ms Ernesta was killed, the two accused were allegedly constantly communicating about what to tell the family of the victim. Allegedly, when Ms Ernesta’s phone was in Elisabeth’s possession, she even replied to certain text messages.
Further investigations also revealed a notebook in Elisabeth’s bedroom, which allegedly comprised details about the plan to kill Ms Ernesta.
The prosecutors also stated that on May 28 Elisabeth gave another confession as to her preparations and role in murdering Ernesta.
The first of the prosecution’s witnesses are to appear before court as of this morning.
Source: Seychelles Nation