Elmer Nah maintains innocence following court ruling over evidence

Decision day arrived today in the triple murder trial of Elmer Nah, as the High Court ruled on whether key pieces of evidence challenged during a voir dire could be admitted into the main trial.  This morning, Justice Nigel Pilgrim delivered his ruling, finding that all evidence previously examined during the voir dire, including video footage, footwear impression evidence, and the statement of the late Vivian Ramnarace, is admissible and will now form part of the substantive trial. The ruling follows months of legal arguments led by both the Crown and the Defence since hearings began in June this year.  Elmer Nah is on trial for three counts of murder arising from the December 31, 2022, shooting at the Ramnarace family home in Belmopan, which claimed the lives of Jon Ramnarace, David Ramnarace, and Vivian Ramnarace. A fourth victim survived the attack.  A central feature of today’s ruling relates to the statement given by Vivian Ramnarace while hospitalized after the shooting. Justice Pilgrim ruled that her statement qualifies as a dying declaration under the Evidence Act and can be placed before the tribunal of fact. In that statement, given to police in the presence of a Justice of the Peace, Ramnarace described the events of the night, her injuries, the lighting conditions, and identified the alleged gunman as the individual later charged, Elmer Nah. The judge emphasized that while the deceased cannot be cross-examined, the statement is not automatically excluded and may be weighed by the court alongside other evidence.  Justice Pilgrim noted that the role of the court at this stage is not to determine guilt, but to assess whether the evidence taken at its highest, could support a conviction, leaving issues of reliability and weight to be determined at the appropriate stage of the trial.  Following the ruling, Special Prosecutor Terrence Williams, K.C., representing the Crown, explained the significance of the court’s decision.

Terrence Williams, KC, Special Prosecutor: “The Judge ruled to admit various pieces of evidence. The statement of the deceased Mrs. Ramnarace and video evidence relative to the that the crown is relying on. So the matter has been adjourned for the defense to make further submissions regarding because the crown has now closed its case. So it’s for the defense to make submissions at the close of the Crown’s case and we take it from there.”

Defence attorney Dr. Lynden Jones indicated that the ruling was not what the Defence had anticipated. He requested time to review the court’s detailed decision before proceeding with a no-case submission, which Justice Pilgrim granted.  The court ordered that the defence’s no-case submission must be filed on or before January 5, 2026, while the Crown’s response is due by January 19.  He further noted that any notice of alibi must be filed by December 22, 2025.  The matter returns to court on February 9, 2026, when the no-case submission will be heard.  After the ruling, Elmer Nah appeared visibly agitated as he was escorted from the courtroom. Speaking briefly to the media, he maintained his innocence.

Justice Pilgrim emphasized that the upcoming hearing will determine whether the prosecution’s case is strong enough to continue or whether the matter will end at the no-case stage. Until then, the trial remains ongoing, with the court now formally seized of all challenged evidence./