Latest update March 28th, 2024 12:59 AM
Jun 13, 2017 Court Stories, Features / Columnists, News
Director of Public Prosecutions, (DPP) Shalimar Ali-Hack has maintained that she is empowered under that Section 72 of the Criminal Law Procedures Act to issue a directive to a Magistrate with regard to the discharge or committal of an accused. A statement issued by the Chambers of the DPP yesterday clarified the DPP’s stance in the matter. The statement is pursuant to an article published in Sunday‘s edition of the Kaieteur News on the controversy surrounding the discharge of former murder accused, Regan Rodrigues.
Rodrigues called “Grey Boy” was charged for the murder of political activist, Courtney Crum-Ewing. He had undergone two Preliminary Inquiries, (PI) before Magistrate Judy Latchman at the Georgetown Magistrates’ Court prior to his discharge last week.
But before the discharge, Magistrate Latchman had been instructed that in accordance with Section 72 (2) (ii) (a) of the Criminal Law (Procedure) Act, Chapter 10:01, she should commit Rodrigues to stand trial in the High Court.
Magistrate Latchman noted that she could not comply with the DPP’s order since she had already discharged the matter. Latchman said that while the DPP was of the opinion that there is evidence against Rodrigues for the indictable offence, her court maintains there is not sufficient evidence against Rodrigues for the murder of Crum-Ewing.
Following much back and forth between the Magistrate and the DPP, and pursuant to advice from a number of legal analysts on the matter, Kaieteur News published an article which outlined that while the DPP is empowered under Sections of the Criminal Law Procedure Act to direct a Magistrate to commit an accused to stand trial, this directive must be given before the accused person is discharged.
However, the statement from the DPP’s Chambers yesterday clarified that the DPP acts under Section 72 of the Criminal Law (Procedure) Act after an accused person is discharged.
It was noted that the DPP cannot act before the discharge of the accused person since at that point, she would be pre-empting the decision of the Magistrate and the outcome of the PI.
In this regard, the DPP maintains that her powers under the Criminal Law (Procedure) Act Section 72 are very clear and unambiguous. Subsection (1) of Section 72 states “in any case where the magistrate discharges … where the DPP gives directions the Magistrate must comply with those directions.”
Further, Section 72(3) states “Any directions given by the DPP under this section shall be in writing signed by him, and SHALL be followed by the magistrate, who shall have all necessary power for that purpose.”
Much confusion surrounded Magistrate Latchman’s discharge of the former murder accused, last week. Questions were raised on whether the DPP has the power to direct the Magistrate to commit the accused person even after maintaining that there was insufficient evidence against him to stand trial at the High Court for the capital offence.
This was the second time that Magistrate Latchman had discharged Rodrigues.
She had done so on September 14, 2016 at the end of a Preliminary Inquiry as a result of insufficient evidence.
Last March, the DPP ordered that the matter be reopened for the taking of further evidence from police witnesses and to rule on the voluntariness of all oral statements made by Rodrigues.
As a result, Rodrigues was arrested on Good Friday and was taken before Magistrate Latchman on April 18.
In her most recent ruling, Magistrate Latchman pointed out among other things that while the court was satisfied that Crum-Ewing was shot with a gun retrieved from a house at Riverview, Ruimveldt, which was occupied by Rodrigues. There was no evidence that Rodrigues “used the gun, pulled the trigger and shot Crum-Ewing.
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
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