David’s cousin testifies in Gurkha court martial

While most of the nation was celebrating Garifuna Settlement Day on Wednesday, the court martial of three British Army Gurkhas continued at the George Price Centre in Belmopan. The defendants, Durgahang Limbu, Yograj Rai, and Ramesh Rai are charged with “violent disorder” in connection with a brawl at Raul’s Rose Garden on May tenth, 2001. Four Belizean teenagers were at the club at the time, and one of them–fourteen-year-old David Zabaneh–was so severely beaten he died the following day at a Florida hospital. Yesterday, during day two of the trial, the first witness for the prosecution was called: the deceased’s cousin, Eugene Zabaneh Jr.. Eugene spent several hours in the witness box, first answering questions posed by the Crown’s prosecutor, Lt. Colonel Nigel Jones, and then being cross-examined by the three barristers for the defence: William England, Richard Bendall, and Neil Fitzgibbon. Eugene told the court he was sixteen and a half years old on May tenth, 2001 and that he and a number of friends had just finished their final exams that morning. He says they celebrated by playing basketball at this house and then going out to eat some Mexican food at a restaurant in King’s Park. He said initially there were two vehicles, but that after a while, he, David Zabaneh Jr., and Ryan Edwards ended up riding with Said Musa Jr. in his vehicle. They then went to a park in Buttonwood Bay, a Chinese restaurant, and then to Ladyville in search of a party they’d heard about. Unable to find the party, around midnight they made a spur of the moment decision to stop at Raul’s before heading home. He claims he had never been there before, and that he was “curious” to see the strippers. Eugene testified that to his knowledge no one in the group had any beer at the club, nor had they consumed more than two Belikin beers each that entire evening. He also said that up to that time he had never tasted any other liquor. He testified that when he and the others entered the club, they saw a large group of men he described as “Chinese-looking” standing by the stage. He said that after a while he observed them pointing in a manner he described as “accusingly” towards David and Ryan. He said the men then approached him asking him why he had taken out a knife. Eugene claims he did not have any weapon and told them so, but that one of the men suddenly punched him in the side of the face with a fist. He says he immediately tried to exit the club, but was blocked by fleeing patrons, and that once outside he was grabbed from behind and beaten repeatedly. He testified that although he escaped from the group, he was unable to get back to their vehicle since another “Chinese looking” man was waiting for him, and when he turned around a second man hit him with a plastic chair and started kicking him. He says when he got away he followed Ryan up the highway a little ways until Said drove by with the vehicle. He testified that when they drove past the club again, the shutter door was down and police were there, but they could not find David. He insisted that no one in the group did anything to provoke the attacks. He admitted he could not identify who hit him, nor did he see David, Ryan, or Said during the entire time he says he was being pursued or attacked. Under cross examination he was asked why the boys had gone to the club knowing they were underage and questioned him about his claims about the quantity of alcohol consumed. Barrister Neil Fitzgibbon cited evidence that Ryan had purchased a bottle of Vodka from Brodies using his mother’s account that same day, to which Eugene replied they were going to drink it “on the weekend.” Fitzgibbon then said he had evidence that the boys had been drinking the vodka with orange juice in plastic cups at Eugene’s home that afternoon and later in Said’s vehicle. Eugene denied this. Fitzgibbon also asked about David’s prior suspension from school when police caught him stealing vodka, and about police reports that Said and another boy had been arrested for the stabbing of two men prior to the incident with the Gurkhas. The Barrister asked Eugene about statements that the boys had been ejected from the club by a security guard because one of them had thrown a bottle into the group of Gurkhas hitting one of them. He asked if in fact the man who had been holding Eugene’s arms behind his back at the entrance to the club was not in truth that same security guard. Eugene said no to both allegations. He was also asked why he did not seek medical attention until three weeks after the alleged assault, and why the boys did not seek help from the police when they passed back looking for their friend. He said he had a CAT-scan done after he began experiencing headaches and that he and the other boys were so worried about finding David they did not bother to “fool with the police.”

This morning, two security guards were scheduled to testify but one witness did not appear and there was considerable delay until the court located him and determined he was in fact on the way. News 5 was unable to attend the afternoon session, but we will try to bring you periodic updates of the proceedings, which are expected to last several weeks. The prosecution is hoping to have presented all of its remaining witnesses, including seven the Gurkhas, and wrap up its case sometime next week. The court martial is taking place at the George Price Centre in Belmopan, and while it is open to the public seating is very limited, so get there well before the ten a.m. starting time.