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High Court dismisses $3M lawsuit filed by man on remand for nine years
Kaieteur News – Justice Navindra Singh of the High Court dismissed a lawsuit filed by Jones Raymond, who had spent over nine years in prison without trial.
Jones Raymond
The ruling, delivered on Friday, July 12, 2024, rejected Raymond’s claims of constitutional rights violations and ordered him to pay $500,000 in costs to the state, the Attorney General Chambers said in a statement.
Raymond’s ordeal began on December 26, 2012, when he allegedly killed Gary Joseph with a bow and arrow during a confrontation. Raymond was charged with murder two days later and remained on remand pending trial.
A lengthy preliminary inquiry (PI) that concluded in 2014, procedural delays and directives from the Director of Public Prosecutions (DPP) prolonged his pre-trial detention.
In 2022, High Court Judge Sandil Kissoon discovered the unresolved status of Raymond’s case and ordered his release, permanently staying the murder prosecution.
After he was released, Raymond’s lawsuit, filed on October 25, 2022, sought declarations that his prolonged detention violated several constitutional rights, including the right to a fair trial within a reasonable time and protection from inhuman or degrading treatment. He cited Articles 141 and 144 of the Constitution of the Co-operative Republic of Guyana as the basis for his claims.
However, Justice Singh found no breach of Raymond’s right to a fair trial, noting that Raymond’s indication of a willingness to plead guilty to manslaughter effectively waived any period of delay. Additionally, the court observed that Raymond had not demonstrated any specific prejudice suffered due to the delay.
Regarding the claim of inhumane or degrading treatment, the court determined that Raymond’s allegations, such as being attacked by other inmates or enduring insanitary conditions, and as such, did not meet the threshold for constitutional violations. The court underscored that without evidence of the prison officers’ involvement in or direction of such treatment, the claim could not be substantiated.
Justice Singh’s decision underscores the importance of timely trials while balancing the public interest in prosecuting serious crimes like murder.
The ruling also highlights the need for claimants to provide detailed evidence when alleging constitutional breaches. Citing case law from the United Kingdom, the United States, the Caribbean, and Guyana, the court affirmed the necessity of fair and prompt legal processes.
Raymond was represented by attorneys Dennis Paul and Timothy Jonas SC. The state, represented by Attorney General Anil Nandlall SC, Senior Legal Advisor Loretta Noel, and State Counsel Marnice Hestick, successfully defended against the claims.
- General Anil Nandlall SC, High Court Judge Sandil Kissoon, Jones Raymond, manslaughter, Marnice Hestick, Senior Legal Advisor Loretta Noel
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