BELIZE CITY, Thurs. Sept. 26, 2024
Earlier today, former police officer, Elmer Nah, 40, appeared before Justice Pilgrim in the High Court, where his arraignment was finally able to take place.
Nah was represented in court today by attorney Godfrey Smith, who appeared virtually, while the Crown’s Special Prosecutor, Terrence Williams, appeared virtually also in the courtroom of Justice Nigel Pilgrim at around 9:40 a.m.
The arraignment was scheduled to start at 9:00 a.m., but was delayed a bit because of Nah’s late arrival.
Inside the courtroom of Justice Pilgrim, Nah was read two separate indictments.
Indictment #1, which was read to him, was for four counts: three counts of murder for the killing of brothers, Jon and David Ramnarace which occurred on December 31, 2022, in Belmopan, Cayo District, and of Vivian Ramnarace (Jon’s wife), who succumbed on January 15, 2023, to the gunshot injuries she received on the night of December 31, 2022 during the same shooting that took the lives of her husband and brother-in-law; and one count of attempted murder of Yemi Alberto, David Ramnarace’s girlfriend, who was wounded as a result of that shooting on New Year’s Eve at Vivian and Jon’s home.
The second indictment read to him was for two counts: one count of use of deadly means of harm, and the other for wounding upon Yemi Alberto. These offenses will be heard before a judge with a jury of nine persons.
Nah, upon being asked for his plea, said “not guilty”, but had one question. He inquired about the reason for the use of the word “murdered” in his indictment, and wanted to know whether that word was prejudicial towards him.
Nah then informed the court that he was never served with the new indictments, but said he was handed some documents just minutes before he entered the courtroom, and that when he opened them he saw his new indictment paperwork.
After entering a not-guilty plea, Justice Pilgrim set October 16, 2024, for all parties to file Case Management Documents (CMC) to the court, and October 17, 2024, for Nah’s actual CMC hearing.
The CMC hearing, as explained by the judge, could likely be heard virtually, but he explained to Nah that the indictment had to be done in person, hence the reason he was brought from the Belize Central Prison to appear in court.
Special Prosecutor in the case, Terrence Williams informed the court that they (the prosecution) are awaiting results of forensic analysis, and that he was advised that he should have those results by the end of the term.
Justice Pilgrim asked the Prosecutor what that meant, and he indicated that he was hoping to set the trial for early 2025; but Justice Pilgrim wanted to proceed to the CMC so that any issue that needs to be sorted out in the trial could be looked at during the CMC, he added.
Justice Pilgrim further explained to Nah that the court is trying to find the shortest way to conclude his trial, and was trying to determine how many witnesses will need to be called versus which witnesses will be agreed upon, and all these issues would be dealt with in the CMC hearing, he added.
Justice Pilgrim also informed Nah of his rights whilst in the presence of his attorney, Godfrey Smith, which is pursuant to Rule 9 of the Criminal Procedure Act. These include the right to legal representation; the right to make an application for bail; the right to enter a guilty plea; and the right to a reduction of his sentence, if he pleads guilty and saves the court time in a trial.
Justice Pilgrim further explained to Nah that he was only to plead guilty if he is guilty of the crime; and he told him that if he pleaded not guilty, his case (for the three murders and the attempted murder) would be heard by a judge alone; however, the second indictment for use of deadly means of harm and wounding will be heard before a jury.
Justice Pilgrim also told Nah that, if he was to consider entering a plea of guilty, this would allow him to make an application for the court to indicate to him what is the maximum sentence that the court could impose upon him.
He also explained to him that the actual sentence could only decrease but not increase, and that the application could not be used against him, as it was only a procedure to inform him of his options.
Justice Pilgrim also informed him of his right to enter into a plea discussion with the Crown where he, his attorney and the Prosecution would sit down in court to plea bargain, and they may offer him the opportunity to plea to a lesser charge, or an opportunity for him to plea to another charge.
When asked if he understood all his rights, Nah said yes. At that point the actual reading of the two separate indictments occurred, and he pleaded not guilty to all counts.