Latest update April 20th, 2024 12:10 AM
Oct 19, 2016 News
A ruling handed down in the High Court has resulted in the trial, for which five men 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.
At the High Court on Monday, Judge Roxanne George ruled that an ex parte order granted to the Director of Public Prosecutions, (DPP) to have the men tried in Demerara Magisterial District is 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 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 has been put down to facilitate the refiling of another motion which will give the five accused a chance to a fair hearing before it is transferred to the Demerara Magisterial District.
In addition, Justice George ruled on objections by the DPP against Attorney-at-law Madan Kissoon.
The issue of the lawyer having a conflict of interest in the case was raised, since Kissoon, who is a lawyer in the criminal assizes, is also Magistrate presiding over criminal cases at the Night Court.
However, Justice George ruled that Kissoon‘s involvement in the matter does not constitute a conflict of interest, as he does not adjudicate over any matter which has a direct relation to the Bartica massacre case.
The judge’s ruling also stipulates that Kissoon’s contract to operate as a Magistrate at the night court allows him to work as a lawyer in the day and operate as a Magistrate at the said court.
Last week, the start of a trial for the five men accused of killing 12 people, including three policemen, eight years ago at Bartica, was pending a ruling on pre-trial issues. During the hearing, the prosecution was led by State Counsel Diana Kaulesar in association with Attorneys Narissa Leander and Tuana Hardy, on record for the DPP.
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.
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