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發表於 2017-8-28 21:07:57 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
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By Latoya GilesJustice Diana Insanally yesterday granted a Conservatory Order suspending the execution of the order which Justice James Bovell-Drakes granted on Tuesday last.Justice Insanally further ordered that leave be granted to the accused, Trion Sumner, until February 15, to join in the proceedings.The motion to nullify the order by Justice Biovell-Drakes described the order as unlawful, unconstitutional and in breach of the Criminal Law Procedure Act.“It is therefore null, void and of no effect.”The attorneys-at-law Mohabir Anil Nandlall, Manoj Narayan and Euclin Gomes, representing the Director of Public Prosecutions, also stated that the judge’s actions usurped the functions and powers of the Director of Public Prosecutions as is conferred by the constitution.The motion contended that in view of Justice Bovell-Drakes’s order, there is the likelihood of the judge being biased and prejudiced in the conduct of the impending trial of the accused persons, in the event that it takes place before him. The judge had granted murder accused Trion Sumner bail in the sum of $300,000.Attorney at law Basil Williams who is representing Sumner, said that he was not given notice about the matter, and only heard through the “grapevine” that the matter was going on. The lawyer said that he asked the judge to be present and also for the accused to be present, since the matter concerned him.However, the application for the accused to be present was denied since according to Williams, attorney at law Anil Nandlall objected and said that it was an ex-parte case.The judge subsequently granted in favour of the Director of Public Prosecutions. Williams said that order would continue to make his client be imprisoned, and his constitutional rights trampled upon.The lawyer further noted that “Justice Insanally had no jurisdiction in the matter since no judge can sit on a rule of another judge.”Williams also stated that various forces are to be blamed for his client’s incarceration. According to Williams, a senior High Court official had the document which was stating that the family had got the surety so that Sumner could be bailed, but refused to forward it to the judge.The document was only forwarded when the judge granted the stay in favour of the DPP. Moreover, Williams says that the order which was granted was unlawful and it affects the order which Justice Bovell Drakes ordered.On Thursday, attorneys at law Anil Nandlall and Manoj Narayan withdrew a motion because of a technicality. The motion was seeking to quash Justice Bovell-Drakes’s order in which he granted bail to murder accused Trion Sumner who is jointly charged with Squince McLennon for the murder of Odinga Bryan.On Tuesday last, in another landmark High Court ruling, Justice James Bovell-Drakes, granted Sumner his pre-trial liberty because of the failure of the Director of Public Prosecutions to obey an order of the court.Sumner, who was committed to stand trial for the murder of Odinga Bryan, was granted bail in the sum of $300,000 by Justice Bovell-Drakes. The Judge stopped short of citing the DPP for contempt.Bail was not considered for the other murder accused, Squince McLennon, since he is facing another indictment for murder.The issue of bail was prompted by the prosecution’s position that they were not in position to proceed with the matter,Cheap Jerseys Outlet, despite an order by the judge.The judge had earlier ordered that prosecution present the indictment at the next hearing, which they did not.But instead of presenting the case against Sumner and McLennon, State Prosecutor Priteema Kissoon presented another matter, which prompted the Judge to question the position taken by the DPP, in violation of his order.He made the point that the prosecution was trying to conveniently mislead the court.Williams stressed that even after six years in jail the powers are still trying to have his client imprisoned. However, Sumner was charged on February 15, 2005.Williams had earlier said that the charges against his clients, who were 17 years old at the time of their arrests, are specious, and were designed to give the impression that the police have done their work.“We’re saying, if you are so confident that these are the young men who did the murder, then bring them on for trial. How could you stay six years (?) and you’re still asking for excuses not to try them? It’s oppressive, it’s unconstitutional and it’s discriminatory. Justice was done…because it was time that the DPP understands that the DPP is not above the law,” Williams said.This newspaper learnt that a motion, which was seen by this newspaper, insists the judge would be prejudicial if he continues to hear the case. It was also stated that Sumner’s name was not on the judge’s itinerary, but he ordered the police to bring Sumner out of the prison.The first time that a judge had granted bail to a murder accused was the Chief Justice, in the case of Hemchand Persaud. Persaud was charged for a double-murder, and spent eight years in prison pending trial.An appeal against the Chief Justice decision is being heard in the Guyana Court of Appeal.
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