Cop petitions High Court to quash assault charges
Attorney at law Basil Williams has moved to the High Court seeking an order, staying permanently, the criminal charge brought against a Police Constable since December 13, 2005.
The matter was filed on behalf of Dellon Elexey, and its stems from an altercation during a show on the West Coast of Demerara featuring Jamaican dancehall artiste ‘Baby Cham’.
The lawyer is seeking redress under Article 153 of the Constitution for the contravention of Elexey’s fundamental rights guaranteed by Articles 40 139 and 144 of the Constitution of the Republic of Guyana
The Attorney General was named as the defendant.
Williams is seeking a declaration that Elexey’s right to a fair hearing within a reasonable time of the criminal charge brought against him has been contravened.
In an affidavit filed on behalf of Elexey, Williams claimed that on or around the April 30, 2005 at around 1:30 pm Officer Cadet Andrin Simon was assaulted by some men who slapped him in the face with a firearm, at a “Baby Cham,” show at the Vreed-en-Hoop Stelling, West Coast Demerara.
At the time, Elexey, who was a Constable of the Guyana Police Force, regulation number 18383, went onto the stage to get the Disc Jockey to stop the music in order to get control of the situation.
According to the affidavit, one Fiaz Alli, the promoter of the show instructed the D.J not to stop the music.
At this point Sergeant Melroy Stevenson and Corporal Harper approached Elexey and invited him outside to talk.
Elexey then told Sergeant Stevenson and Corporal Harper about the incident with Officer Cadet Simon and they went back inside to stop the music leaving him outside.
In the affidavit, it is alleged that Fiaz Alli then went up to Elexey and pointed a firearm at him saying, “Ah yuh police gun dead,” and squeezed the trigger about three or four times but the gun did not fire.
Elexey then ran away from Alli, drawing his own firearm in the process, but his right hand struck someone and the firearm fell out of his hand. Alli was subsequently relieved of his weapon by another policeman, Constable Quacy Allen.
The weapon was later found to be unlicensed and Alli was taken to the Vreed-en-Hoop Police Station where he was detained.
He was subsequently charged with the offences of attempted murder of Elexey and unlawful possession of a firearm and ammunition.
At the time he made no complaint against Elexey, the affidavit noted.
About eight months later, Elexey and Allen were jointly charged and appeared before Magistrate Fazil Azeez at Leonora, accused of assault causing actual bodily harm to the said Fiaz Alli.
However the two policemen were placed on self-bail and the matter transferred to Vreed-en-Hoop Magistrates Court for January 13, 2006 by Magistrate Fazil Azeez.
Elexey was subsequently interdicted from duty on December 22, 2005.
Between January 13 2009 and June 2, 2009 Elexey attended the Vreed-en-Hoop Magistrate’s Court on diverse occasions but the trial of the said charge was adjourned on every occasion, by Magistrate Azeez, without any hearing.
According to the affidavit, the Magistrate proceeded to hear the charges against Fiaz Alli and eventually freed him on June 26, 2009, of all the charges brought against him.
Meanwhile, the attorney said that the charge against the policeman has been adjourned to July 20 in the Vreed-en-Hoop Magistrate’s Court.
In his affidavit, Elexey claimed that the delay in prosecuting the charge against him has seriously affected his health, finances and prospects of any promotion in the Guyana Police Force and has caused him and continues to cause him mental anguish.
He said that he believes that the failure of the Magistrate to afford him a fair hearing of the charge within a reasonable time amounts to a breach of Article 144 of the Constitution and an abuse of the process of the Courts.