Latest update April 18th, 2024 12:59 AM
Nov 13, 2022 News
By Renay Sambach
Kaieteur News – At the Magistracy level, matters that are tried summarily can be dismissed against the Defendant – a dismissal of a matter means the case has come to the end with the court finding the Defendant not guilty of the offence charged.
For summary criminal matters like assault, simple larceny, abusive language, robbery under arms, and forgery, a trial is conducted before a Magistrate. For trials at the Magistrate’s Court, the Prosecution presents the evidence in the matter to the court and at the end of a trial, the Magistrate can either rule if there is sufficient evidence for the Defendant to be convicted for the offence, or if the matter should be dismissed based on lack of evidence. However, this is not always the case. Some matters can be dismissed due to witnesses not showing up in court or the virtual complainants turning up to court – and in some instances, compensation is also agreed upon in court for the matter to be dismissed.
For serious offences like murder, the matter is not dismissed by the Magistrate but in fact discharged.
For serious offences, a Preliminary Inquiry (PI) or Paper Committal is conducted at the Magistracy level before it is sent to the High Court if the Magistrate rules that the prosecution was able to establish a prima facie case for i.e. murder or manslaughter.
For serious offences, the accused is not required to plead to the charge since it is laid indictably. In a PI, the evidence in the matter is presented to the court and at the end, the Magistrate can either rule if a prima facie case was established for the offence or if the matter will be discharged.
It should be noted that in the case of a serious offence like murder, a matter being discharged against the accused is not the same as an acquittal. If a murder charge is discharged against someone, it can be brought again with new evidence, whereas for an acquittal in the High Court means that the accused was found not guilty of the crime which they have been charged for.
DAVENDRA RAMPERSAUD
In May last, Davendra Rampersaud, w
as freed of the charge which alleged that he provided the Ministry of Health (MOH) with expired HIV testing kits.
Rampersaud was freed of the charge after the Magistrate upheld a no- case submission that was made by his Lawyer.
Rampersaud, reportedly a Technical Consultant to Caribbean Medical Supplies Inc., had denied the charge which alleges that on January 16, 2020, Caribbean Medical Supplies Inc., sold and supplied 400 units (20 packs) of Uni-Gold HIV test kits, batch #HIV7120026, with misleading representation, a violation of the Food and Drugs Act of 1971.
He was charged for selling and supplying the devices with misleading representation, which is a violation of the Food and Drugs Act, Cap. 34:03, Part V, Section 18 (1) of 1971, to the Materials Management Unit (MMU) located at 55-56 First Avenue, Diamond, East Bank Demerara.
The matter was being heard in the Leonora Magistrate’s Court before Magistrate Zameena Ali-Seepaul.
The Magistrate had ruled that there is no admissible evidence before the court to show why the Prosecution brought the charge before the Leonora Magistrate’s Court. The Magistrate had stated too that the evidence does not show that the offence occurred in the court’s jurisdiction, nor did the evidence show that the Defendant resides in the district.
Magistrate Ali-Seepaul had stated that the trial had come to an end and the evidence has not established that the court has jurisdiction over the matter. In giving her second finding, Magistrate Ali-Seepaul noted that evidence failed to link Rampersaud to the offence, nor linked to the company or business.
In her final finding, the Magistrate noted that the Prosecution failed to prove that the test kits in question were expired or carrying misleading information. As such, the Magistrate upheld the defence no-case submission and dismissed the matter.
COALITION MPS AND SUPPORTERS
In January 2022, the illegal procession matter against the Opposition Chief Whip, Christopher Jones, Opposition Member of Parliament, Annette Ferguson, and six members of the A Partnership for National Unity + Alliance for Change (APNU+AFC) Coalition supporters, was dismissed.
This publication had reported that the charges stem from a march outside of the High Court in Georgetown, in April 2021, following the ruling on the elections petition case by Chief Justice (Ag), Roxane George-Wiltshire.
The joint charge had alleged that Jones and Ferguson along with the six Coalition supporters on April 26, 2021, at Georgetown, illegally engaged in procession without permission from the Commissioner of Police.
They were charged under Section 12 of the Public Order Act. Section 12, which stipulates, “Any person who holds, organises, forms, speaks at or takes part in any public meeting or public procession at which a noisy instrument is used without the permission of the Chief Officer of Police shall be guilty of an offence.”
The matter went to trial and as the Prosecution closed its case, the Defence submitted a no-case submission. In the Defence submission, they highlighted that the Prosecution failed to prove key elements of the charge. Senior Magistrate, Leron Daly later ruled upholding the Defence submission, resulting in the matter being dismissed.
MARCUS BISRAM
Marcus Bisram, who was extradited from the United States of America to face a murder charge, has had the matter discharged against him twice during 2020.
Marcus Bisram was charged with counselling, procuring and commanding Harri Paul Parsram, Radesh Motie, Niran Yacoob, Diodath Datt and Orlando Dickie to murder Faiyaz Narinedatt between October 31, 2016 and November 1, 2016. Narinedatt’s battered and bloodied body was found on the Number 72 Village public road clad in just his trousers, while his body bore apparent marks of violence.
In 2020, Magistrate Renita Singh, at the Whim Magistrate’s Court had discharged the matter against Bisram for lack of sufficient evidence in the case. However, Director of Public Prosecutions, Shalimar Ali-Hack had instructed that Bisram be recommitted to stand trial for Narinedatt’s murder. Bisram, through his Lawyers, appealed and subsequently High Court Judge, Justice Simone Morris-Ramlall, ruled that his imprisonment was unlawful and ordered his release.
That decision was then overturned by the Court of Appeal and Bisram moved an appeal to the Caribbean Court of Justice (CCJ) where it was ordered that he be released.
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