A man who is accused of killing his wife back in 2009 and has been incarcerated since then, has been granted bail following an application by Attorney at Law Mursalene Bacchus.
The man,Azam Khan, 50,a former cane cutter of No 72 village Corentyne,Berbice, is accused of chopping his wife HeerawattieTekram to death on November 6, 2009 at their No 72 village home.
After Khan was charged he appeared before Magistrate KrisendatPersaud in the Springlands Magistrate’s Court and was committed to stand trial in the Berbice High Court on June 24, 2011. The deposition was then sent to the Director of Public Prosecution (DPP) in May 2012.
In August the DPP sent a letter to Magistrate Persaud to reopen the PI. However by then Magistrate Persaud was off the bench.
The DPP then sent a letter dated January 28, 2015 to the Registrar of the Supreme Court to discontinue the Committal. Attorney at law Bacchus challenged the decision by the DPP to withdraw the committal contending that she does not have the power to do so.
On October 27, 2015 the matter was heard before former Chief Justice Ian Chang. However Khan remained incarcerated in the prison.
The DPP subsequently made a NolleProscei in April 2016 and advised that a new charge be laid against the accused. Attorney at Law Bacchus then made an application in the High Court on the May 18, 2016 through a Constitutional Motion for bail under article 139.3 of the Constitution which states that “if a person is not tried within a reasonable time he shall be placed on bail.”
The matter was heard before Justice Franklyn Holder in the Berbice High Court on July 28, last.
After listening to the arguments, the Judge concluded that Khan’s constitution right whichstates, that he be tried within a reasonable time was contravened.
Justice Holder then ordered that Khan be granted bail in the sum of $500,000 and that that a new PI be held, which should begin within 14 days of the order. He also ordered that the matter be concluded within 120 days.
The judge also ordered that Khan lodge his passport if he is in possession of one. He should report to the Springlands Police Station at 15:00 hrs every Monday until the conclusion of the trial. He must also be in court every day of the PI.
If Khan fails to adhere to any of the orders given by the judge he will be arrested and detained until the completion of the trial.
The allegation is that, on the day in question Khan left for work, but returned and following an altercation with his wife he chopped her to death. He then returned to work.
The woman’s body was found by her two children.
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