Latest update April 25th, 2024 12:59 AM
Oct 29, 2016 News
– Judge recalls ruling to stall trial
Justice Roxanne George has recalled the ruling which she previously made in the Bartica Massacre case. That ruling had resulted in the trial, for which five men are accused of killing 12 people in Bartica, being put on hold.
Mark Royden called Durant or Smallie; Clebert Reece called Chi Chi or Fineman; Dennis Williams called Anaconda; Michael Caesar called Deon Cort; and Roger Anthony Simon, called Goat Man, are jointly charged with killing nine civilians and three policemen.
On the night of February 17, 2008, around 21:40hrs, a large group of gunmen attacked Bartica, slaughtering a dozen people, including three police officers, during an hour-long attack.
It was reported that the armed men attacked the police station before killing the three policemen and freeing prisoners. They then left with the vehicle assigned to the police station and went on a rampage, terrorizing the community.
According to reports, the gunmen arrived in the area by boat and departed in similar fashion, taking the firearms they grabbed from the police station and a mining company.
Justice George had ruled that an ex parte order granted to the Director of Public Prosecutions, to have the men tried in Demerara Magisterial District, was void.
The matter would have initially been tried in the Essequibo Magisterial District, but owing to the ex parte order that was granted to the DPP, the matter was transferred to be heard in Demerara.
At the pre-trial hearing, the Defence Attorneys including Peter Hugh, Saphier Hussein, and Madan Kissoon, raised objections, noting the ex parte order is a breach against the laws of natural justice, since their clients were not given a chance to have a hearing in the case.
Given the ruling by Justice George, the matter had been put down to facilitate the refiling of another motion which would have given the five accused a chance to a fair hearing before it is transferred to the Demerara Magisterial District.
However, on Monday last Justice George overturned her ruling noting that she had erred procedurally since she sits in the same jurisdiction as the Judge who initially granted the order.
Justice George said that owing to this fact, she could not challenge the order and the parties should have applied to a higher court.
The order was recalled in the presence of the accused and their attorneys, and the prosecution which is led by State Counsel Diana Kaulesar in association with Attorney-at-law Stacy Goodings.
The trial of the five men charged in the Bartica Massacre was therefore fixed for commencement on November 1.
The commencement of the trial had been set for October 12. However it was postponed pending a ruling on pre-trial issues.
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