Latest update April 20th, 2024 12:59 AM
Mar 13, 2010 News
– awards him $250,000 in damages
By Latoya Giles
Yet another landmark ruling was made yesterday in the High Court when Justice Roxanne George-Wiltshire granted $500,000 bail to murder accused, Dunsford Dodson. Dodson is being represented by attorney Nigel Hughes.
The accused is also expected to lodge his passport and report to the police station every Monday.
Justice Roxanne George-Wiltshire also awarded Dodson $250,000 as damages for the aggravation of waiting for the completion of his preliminary inquiry.
Justice George had made an order last year stating that the preliminary inquiry should commence within ten days. The order said that the evidence of witnesses should be completed within 60 days, and if the applicant is again committed and indicted the prosecution is to expedite the presentation of his indictment for the trial before December 31, 2010.
Dodson was charged with the 2006 murder of Lennox Rodriguez.
Former Magistrate, Gordon Gilhuys, had commenced the preliminary inquiry. The learned Magistrate heard the preliminary inquiry intermittently resulting in protracted delays in the conduct of the inquiry.
The Magistrate never managed to complete the matter, since he was involved in a shooting incident on Woolford Avenue almost two years ago and resigned.
The inquiry was further delayed because of the absence of an available Magistrate to hear and determine the preliminary inquiry.
On November 26, 2008, Dodson commenced constitutional proceedings against the Attorney General for various declarations in relation to the infringement of his constitutional right to a fair hearing within a reasonable time as guaranteed by Article 144 of the constitution.
The matter was called up before Justice Roxanne George-Wiltshire who found that Dodson’s right to a fair hearing had been infringed and awarded damages in Dodson’s favour.
Justice George-Wiltshire, according to the affidavit, had further ordered and directed on the January 15, 2010, that the preliminary inquiry commence within 120 days, failing which Dodson would be admitted to bail.
Magistrate Nigel Hawke had heard and determined that the accused should stand trial in the High Court for murder.
On January 28, 2010, the applicant was taken before Magistrate Hawke where the applicant was informed that the Magistrate was in receipt of instructions to reopen the preliminary inquiry and take the testimony of additional witnesses.
The Magistrate however informed Dodson and his lawyer that he, Hawke, would first have to seek permission from the Chancellor before he could return to the Georgetown Magisterial District. Magistrate Nigel Hawke is currently assigned to the Blairmont Magistrate Court. The matter was adjourned to February 11.
An affidavit from the Director of Public Prosecutions, Shalimar Ali-Hack, which was seen by this newspaper, said that she verily believes that Dodson’s motion is misconceived, vexatious, vindictive, speculative, malicious and absolutely without merit and is not entitled to any of the orders prayed for.
Only last month, Justice Bovell-Drakes granted bail to another murder accused in the High Court.
Trion Sumner, who was committed to stand trial for the murder of Odinga Bryan, was granted bail in the sum of $300,000. He is jointly charged with Squince McLennan. Bail was not considered for the latter since he is facing another indictment for murder.
However, Justice Drakes’ order was over ruled by Justice Diana Insanally who granted a stay of execution on the order.
Attorney at law Basil Williams had stated that Justice Insanally had no jurisdiction since no judge can sit on another judges’ order.
Williams said that order would continue to make his client be imprisoned, and his constitutional rights trampled upon.
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.
The Judge stopped short of citing the DPP for contempt.
The issue of bail was prompted by the prosecution’s position that they were not in a position to proceed with the matter, despite an order by the judge.
The judge had earlier ordered that prosecution present the indictment at the next hearing, which it did not.
The first time that a judge had granted bail to a murder accused was the Chief Justice, Ian Chang, in the case of Hemchand Persaud. Persaud was charged for a double-murder, and spent almost eight years in prison. To date he has not had a hearing.
Where is the BETTER MANAGEMENT/RENEGOTIATION OF THE OIL CONTRACTS you promised Jagdeo?
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