Judge orders bail for murder accused

Justice Roxanne George ordered that Dudson be granted bail, which is to be lodged as surety and he will have to report at the Brickdam Police Station every Monday at 10am until the completion of his preliminary inquiry (PI). He is also required to lodge his passport with the court.

It was further ordered that the murder accused be awarded $150,000 as damages and an extra $50,000 “for the aggravation of another year awaiting the completion of the Preliminary Inquiry.”  Dudson will also have to pay the court $50,000 cost.

This is the second order issued by the judge granting Dudson bail.

An interim order was granted on January 23, 2009 directing that the PI of the State versus Dudson be commenced within 10 days and that it should be completed within 120 days. Failing this, the January order had said, the accused was to be admitted to bail.

Dudson’s attorney, Nigel Hughes, had contended that the Director of Public Prosecution (DPP) failed to proceed with the PI since July 1, 2008 and in so doing breached his fundamental right to a fair trial with a reasonable time guaranteed by Article 144 of the Constitution of the Cooperative Republic of Guyana.

His client, Hughes said in a Notice of Motion to the court last month, was charged with the offence of murder during January 2006.

Dudson had appeared before then Magistrate Gordon Gilhuys who heard his PI “intermittently resulting in the protracted delays” in its conduct. Gilhuys resigned from the bench before concluding the PI and it was further delayed due to the unavailability of a magistrate.

On November 26, 2008 constitutional proceedings were filed against the DPP for various declarations in relation to the infringement of Dudson’s constitutional right. The motion was heard and determined by Justice George who found that the right of the murder accused had been breached.

In January 2009, the judge had ordered that within 120 days a PI should be completed.

The PI commenced before Magistrate Nigel Hawke and Dudson was subsequently committed to stand trial in the High Court for murder.

Dudson was later taken before Magistrate Hawke who informed him that he had received instructions to reopen the PI but he would first have to seek advice from the Chancellor.