May 23, 2013

Judiciary doing all it can to reduce backlog cases – AG

Attorney General Anil Nandlall

The alarming number of backlog cases in the magistrates’, Supreme Courts and the Court of Appeal has become a great concern for the judicial system, Attorney General Anil Nandlall said.

For quite some time, counsels and their clients, more so, inmates have been complaining about the lengthy period they are forced to wait for their cases to be heard and even when they are being heard, the process encounters various hiccups.

For the past 15 years, the number of cases that have been appearing in the courts have created a huge backlog file that continues to grow daily. As it is, there are in excess of 6000 back log cases, with over 102 murder accused waiting to have their cases heard in the Supreme Courts.

However, Nandlall during an interview on Friday posited that “although it may appear like little or nothing is being done to address this issue, the judiciary is doing much in its power to ensure all citizens received a speedy trial in the court system, because it is their motto that “Justice delayed is justice denied”.

He went on to explain that because the judicial system does not enjoy a full complement of magistrates and judges on the bench, that too can be taken as one of the contributing factors to the issue.

Nonetheless, Nandlall mentioned that although these challenges are facing the justice system, the administration is determined to implement measures to reduce the number of backlog cases in the courts.

This newspaper also caught up with a senior magistrate who requested to remain unidentified. The magistrate in an invited comment mentioned that the number of petty crimes brought before the justice system is also a causative factor of cases being back logged.

She believes that there should be some kind of system set up at various police stations to deal with these matters out of court to ensure justice is served.

This, she noted will release the workload of the court and magistrates will have a greater opportunity to look at more significant cases.

59- year-old man fined for narcotics possession

A 59-year-old man was fined by Acting Chief Magistrate Priya Sewnarine-Beharry on Friday for being in possession of cannabis.

Fitzroy Damon (no address given) made an appearance at the Georgetown Magistrates’ Courts to answer to the charge of possession of narcotics. The defendant pleaded guilty to the charge, which stated that on April 19 at Stabroek Market, Georgetown, he was in possession of five grams of cannabis.

The magistrate asked the defendant if he uses the narcotic, to which he replied saying “yes does eat it, get clean out with it”. The man also told the court that he has a medical disability.

In taking the defendant’s physical ailment into consideration, the magistrate sentenced him to pay a fine of Gy$3000 along with two weeks community service.

Carpenter jailed for threatening reputed wife

A man was on Friday last sentenced by acting Chief Magistrate Priya Sewnarine-Beharry for threatening to kill his reputed wife.

Outar Harriprashad, 36, a carpenter of Caneville, Grove, East Bank Demerara, appeared at the Georgetown Magistrates’ Courts to answer to the charge of threatening language.

The defendant pleaded guilty to the charge, which stated that on April 17 in Georgetown, he made use of threatening language to the virtual complainant (VC), Sohodra Bharat, causing a breach of the peace to be occasioned.

Prosecutor Denise Booker stated that the VC and the defendant are reputed husband and wife for the past 12 years and whenever the defendant is under the influence of alcohol, he would abuse her. On the day in question, at about 10:30h, the couple went to the Human Services and Social Security Ministry to be counselled but could not have met with the officer.

Around 13:00h when the couple left the ministry, the defendant told the VC that he will kill her when they go home.

Harriprashad was unrepresented and apologised to the court stating, “Your worship it wont happen again”. The man said that he was “in passion” but he later apologised to his wife and she forgave him.

The magistrate, in her ruling, took into consideration all the mitigating and aggravating factors before sentencing the man to seven days imprisonment.

Man pleads guilty to manslaughter

Just over a week after the April Demerara Assizes opened, the first trial commenced on Wednesday and after approximately one hour into the hearing, the matter was adjourned for sentencing.

Wilson Chan, 62, appeared in Court Five of the Supreme Court for the commencement of the trial into the murder charge against him. The matter was called before Justice Franklyn Holder, who is one of the two judges presiding over the April Demerara Assizes.

The indictable charge against Chan stated that between September 10 and October 17, 2007, he murdered Louise Loretta Ramessar, age 44. The first hearing of the trial took an unforeseen turn when the defence, led by Attorney Satyesh Kissoon, proposed a guilty plea to the lesser count of the offence of murder, which is manslaughter.

The prosecution, led by special prosecutor Senior State Counsel Zamilla Ally in association with Diana Kaulesar, had no objections to the defence’s proposition. The charge was reread to the accused after which he pleaded not guilty to the offence of murder and guilty to manslaughter. The foreman of the jury panel informed the court that they found the accused not guilty of the murder offence and found him guilty for manslaughter.

According to the prosecutor, the deceased had lived in Wismar, Linden, and shared a child with the accused. At the time of the incident, they were separated.

On September 10, someone made a report at the Wismar Police Station, and as a result, an officer went to the deceased home. When he knocked on the door, a female voice told him that she cannot come to the door and he should come in. The officer then heard the said voice saying that “arite I gon drink it” followed by a male voice saying “yuh ga drink it now”.

The officer then picked the door lock and went into a bedroom where he saw the accused over the deceased’s body forcing her to drink a liquid from a cup. The accused then took a knife and stabbed the woman; this was witnessed by the officer who pulled out his firearm, ordering the man to lie on the ground and he complied.

The officer then raised an alarm and was assisted in taking the woman to McKenzie Hospital. The accused was arrested and charged with attempt to commit murder, however the woman subsequently died on October 13 and a post mortem was conducted on her remains.

Further investigations were carried out, leading to the accused being further charged with the offence of murder. Attorney Kissoon made an application for a probation report to be made.

The matter was adjourned pending sentencing on April 30; however the matter will be called on April 27 for probation report.

Five Venezuelan youths jailed for robbery

Ramon Bermudez

Five Venezuelan young men were sentenced on Tuesday by Magistrate Allan Wilson after they pleaded guilty to the charges of robbery brought against them. Josua Medina, Jhosmel Eurealuces, Jhon Andeszo Munoz Marcano, Ramon Bermudez and Jonathan Beuitez all appeared at the Georgetown Magistrates’ Courts to answer to five counts of robbery under arms.

However Medina was additionally slapped with two charges; possession of a fire arm without being the holder of a licence and possession of ammunition without being the holder of a licence.

Prosecutor Gordon Mansfield stated that on the day in question about 06: 20h, a report was made that a number of persons were being robbed and based on information received, the police along with members of the Guyana Defence Force (GDF) went to the crime scene, where they found the firearm and ammunition in the defendant’s possession.

Jonathan Beuitez

He was taken into custody along with the gun and the ammunition, and later charged. In his defence, Medina told the court that he is a firearm licence holder in his country but not in Guyana. He stated that he had the gun for his protection since he worked at the Venezuela-Guyana border, adding that it is not possible to work at the border without protection.

Prosecutor Mansfield stated that on April 4 about 06: 00h, the victims joined a power boat driven by Lall from Arau, Wenamu River, en route to El Dorado, Venezuela. While on their journey, in the vicinity of Tamberlin Island, Wenamu River, the boat ran aground and stopped on some rocks. The five defendants who were armed with a gun, cutlasses and knives then attacked the victims who were stranded.

Jhon Andeszo Munoz Marcano

The charges stated that the defendants robbed Raquel Lopez of one BlackBerry cellular phone along with the charge and US$ 8 (G$ 1600) cash, a total value of Gy$ 61,000, Frank Lopez of 4.5 ounces of raw gold, a bottle of perfume, $ 180 Bolivar Currency, one gold scale and a torch along with batteries amounting to a total of Gy$ 1,774,940, Jenna Hernandez of a quantity of articles, including jewellery; a total value of Gy$ 150,000, Hector Martin of 10 pennyweight raw gold valued Gy$ 160,000 and Mohan Lall of six ounces of raw gold and one Samsung cellular phone along with the charger amounting to Gy$ 2,312,000.

The victims were tied up before the defendants escaped through the bushes. Prosecutor Mansfield also stated that at the time of the robbery, three of the defendants were dressed in uniforms of the Venezuela National Guard. One of the VCs who managed to escape reported the matter to the police, who along with GDF ranks went to the scene where they apprehended three of the defendants and some of the articles were recovered.

Josua Medina and Jhosmel Eurealuces

The following day, investigators returned to the scene where the remaining two defendants were handed over to them by ranks from the Venezuela National Guard. Further investigations were carried out after which the young men were all charged with the present offences.

When asked if they had anything to say before sentencing, the young men asked whether they will be deported to Venezuela. They were then told that they would return to Venezuela but after serving their sentences.

Medina pleaded guilty to the charges which stated that on April 4 at Wenamu River, Cuyuni, he was in possession of a 12 Gauge Winchester Shotgun and three 12 Gauge cartridges without being the holder of a license for either. The magistrate then sentenced the defendant (Medina) to pay a fine of Gy$ 5000 together with 18 months imprisonment on each charge, with the sentences running concurrently.

The five young men, between the ages of 19 and 20, were initially not required to plead to the joint robbery charges, however the prosecutor made an application for the matters to be tried summarily, and that is the Administration of the Justice Act (AJA) to be applied.

The men were allowed to plead to the charges against them and entered guilty pleas. The magistrate in his ruling informed the defendants that they were sentenced to three years imprisonment on each charge. The sentences will run concurrently.

Youth refused bail for unlicensed gun and ammo

A young man was refused bail on Friday, March 30, by acting Chief Magistrate Priya Sewnarine-Beharry for being in possession of an unlicensed firearm and ammunition.

He also assaulted and threatened a man.

Alvin Ahmad, 19, a porkknocker of Anarika, Upper Demerara, appeared at the Georgetown Magistrate’s Courts to answer to four charges: threatening behaviour, common assault, possession of firearm without license and possession of ammunition without license.

The defendant pleaded not guilty to the charges, which stated that on March 10 at Anarika, he unlawfully assaulted the virtual complainant (VC), Les Elton Singh; and on the same day he also made use of threatening behaviour to the VC, causing a breach of the peace to be occasioned.

The young man also pleaded not guilty to the other two charges, which stated that on March 28 at Anarika, he had in his possession a Stevenson 12 gauge shotgun and seven 12 gauge cartridges ammunition, without being the holder of a firearms license for either.

Prosecutor Jairam Luckhai stated that on March 10, the defendant and the VC had a misunderstanding over chasing a dog. The defendant became annoyed and dealt the VC several cuffs about his body. He then pulled out a gun and threatened to kill the VC with it. The matter was reported. Based on that report, on March 28 about 20: 00h, the police contacted the defendant, who took them to a house where the gun and ammunitions were found. The defendant was told of the allegations and admitted to being the owner of the items; as such he was arrested and charged.

Ahmad was represented by Attorney George Thomas who made a bail application, stating that his client poses no flight risk. He stated that his client was not the aggressor but it was the VC. The attorney went on to say that his client does not have knowledge about the gun and ammunition, since he is not the owner or occupant of the house, nor does he have keys to the house, where the items were found.

East Bank man on remand for gun, ammo possession

A man was on Friday, March 30, refused bail by acting Chief Magistrate Priya Sewnarine- Beharry for possession of unlicensed firearm and ammunition.

Alfred Douglas of Sarah Johanna, East Bank Demerara, made an appearance at the Georgetown Magistrate’s Courts to answer to two charges: possession of firearm without license and possession of ammunitions without license.

The defendant pleaded not guilty to the charge, which stated that on March 27 at Butterfly Landing, North-West, he had in his possession a .38 Colt Revolver without being the holder of a firearm license. He also pleaded not guilty to the other charge, which stated that on the same day and location, he was also in possession of six rounds of .38 ammunitions.

Prosecutor Jairam Luckhai stated that on the day in question, ranks from Matthews Ridge Police Station were on a search exercise during which they searched a shop occupied by the defendant, and they unearthed the firearm and ammunitions.

The defendant was questioned and admitted that the items are his; as such he was arrested and charged.

Douglas was represented by Attorney Omeana Hamilton who stated that her client was awakened by the police and shown the items. She added that there were four other persons at the shop when her client was arrested.The magistrate remanded the defendant to prison and transferred the matter to the Matthews Ridge Magistrate’s Court for May 2.

Over 200 cases to be heard at Demerara Assizes

The Demerara Assizes which recommenced on Tuesday will deal with 234 cases in this session; from murder to larceny in a dwelling house. The cases are expected to be heard over a three-month period at the High Court. Some 73 murder cases, a whopping 55 carnal knowledge cases and 38 rape cases will be heard.

For the 73 cases of murder, nine arrest warrants were issued by the Guyana Police Force. There are also 26 cases of manslaughter; 18 attempted murders; seven buggery cases and four incest cases.

The other offences include causing death by dangerous driving and robbery under arms. A number of arrest warrants were also issued for persons who were committed to stand trial for manslaughter.

Among those to stand trial for murder is Dwight Da Silva, who was charged for the slaying of the Kaieteur News pressmen Chetram Persaud, Eion Wegman, Richard Stewart, Mark Maikoo and Shazeem Mohamed on August 2006 at Eccles, East Bank Demerara.

Cyon Collier was implicated in the murder of then 34-year-old Chandrapaul Persaud, also called “Kero man” of Non Pareil, East Coast Demerara. Persaud was killed during a robbery committed on his wife, Bibi Nazeem Neesha in September 2006.

In October 2006, Collier was slapped with a possession of firearms charge after police searched his house at Bachelor’s Adventure, East Coast Demerara, where they discovered one AK-47 assault rifle and a pistol.

Another murder case that will be heard is that of Marlon Ganesh, 31, of Lot 23 ‘A’ Field, Sophia. He was charged with the murder of Roopnarine Singh, called Kumar, on January 16, 2009.

Among the persons being charged for manslaughter are: Shameer Mohamed, Latchman Ganesh, Rayon Charles, Leyland Thorne, Brian Haywood, Orin Miggins, Gavin Towler, Timothy Noel, and Winslow Greene. Former Guyana Teachers Union (GTU) President Colwyn King will also stand trial for carnal knowledge. Some of the other carnal knowledge offenders include Kenette Samuels, Nigel Roach, Deion Brebnor, Orville Lespoir, Dennis Lewis, Andre Babb, Dorashram Bally, Lennox Tong, Julian Atkinson, and Dwayne Hamilton.

Nigerian on remand for Gy$30M cocaine bust

A Nigerian national was remanded on Tuesday, April 3, by Magistrate Hazel Octive- Hamilton after he was intercepted in Berbice by the Customs Anti-Narcotics Unit (CANU) ranks while attempting to smuggle cocaine to Suriname.

The accused: Sulaiman Adeboye Adelodun

Sulaiman Adeboye Adelodun, 37, of Lot 35 William Street, Kitty, Georgetown, appeared at the Georgetown Magistrates’ Courts to answer to the charge of trafficking in narcotics.

The defendant pleaded not guilty to the charge, which stated that on April 2, at Bharat Landing, Number 78 Village, Corentyne, he had in his possession 21.748 kilograms of cocaine for the purpose of trafficking.

On Monday at about 05: 30h, acting on information received, CANU ranks busted Adelodun at an illegal crossing (Bharat Landing), while he was about to board a boat en route to Nickerie, Suriname. The man was in possession of a small suitcase, which the ranks searched and the cocaine was found hidden among his clothing. The defendant was immediately taken off the boat and taken into custody, where he was further questioned, and the cocaine was tested and weighed. He was subsequently charged with the offence.

It was while being on bail, that Adelodun tried to smuggle cocaine and also leave the jurisdiction. The defendant is currently on Gy$ 750,000 bail from the High Court, for a previous matter of a similar nature.

On February 23, he was found in a hotel with 4.432 kilograms of cocaine in his possession and was later charged for the offence. CANU Special Prosecutor Donald Downer successfully requested that the defendant be remanded.

The magistrate remanded the man to prison and transferred the matter to Court One for May 17.