May 07, 2014 News
Attorney at Law Mursaline Bacchus has successfully petitioned the High Court to grant an order Nisi to compel Magistrate Adela Nagamootoo and the prosecution to show cause why a murder committal against his client should not be quashed. The order was granted by Chief Justice (ag) Ian Chang.
Overseas-based Guyanese Ramdhani Persaud who has been committed to stand trial in the High Court on a charge of murder committed on his wife has moved to the High Court to have his committal quashed.
Persaud called ‘Prakash’ or ‘Prak’, 48, of 1071 New Area Canefield, East Canje, Berbice, is accused of killing his wife Bibi Shameena Deen on March 20, 2012, at their home. He is awaiting trial in the High Court. Persaud is alleged to have fatally shot the woman during a dispute at their home around 23:00hrs.
The man, through his lawyer Mursaline Bacchus, in his affidavit stated that he appeared before Magistrate Adela Nagamootoo, who conducted the Preliminary Inquiry at the Reliance Magistrate’s Court. During the P.I some 15 persons testified. He noted that at the end of the P.I his counsel made a no-case submission that a prima facie case was not made out and that the matter should be discharged. This submission was overruled.
Ramdhani Persaud is further contending that his committal should be quashed on the grounds that it was not legal for the magistrate to commit him on the ground of a prima facie case. He can only be committed on a ‘sufficient’ case.
He also mentioned that the evidence presented does not amount to a prima facie case since the only evidence presented to establish a prima facie case is that of 13-year-old Ravindra Persaud. He is contending that Ravindra Persaud from the magistrate’s inquiry and the cross examination was incompetent to give sworn testimony; that his evidence should have been treated and considered as unsworn testimony and that he should be discharged since there was no evidence to corroborate his.
Ramdhani Persaud is also stating that the committal was unlawful and contrary to law, in breach of natural justice, and unreasonable; that it was made without any evidence or sufficient or admissible evidence and irrational, and that no indictment has been proffered against him so far for the charge. He is therefore asking that the orders set out in the matter be discharged.
After perusing the matter, the Chief Justice has granted an Order or Rule Nisi of Certiorari directed to Magistrate Nagamootoo, the Director of Public Prosecutions and the Commissioner of Police or his subordinates to show cause why a Writ /Order of Certiorari should not be issued against them to have the matter quashed on the grounds that it was bad in law – based on no evidence and/ or there was no evidence upon which the applicant could have been committed to stand trial, and the committal was unlawful, an abuse of process, irrational and made in bad faith and on the grounds stated above.
The matter is returnable on May 12, 2014.
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