The freedom of Ganshan Jaggassar, called Suresh, and Devindra Harrichand, known as Bara, who had been previously indicted for murder was short- lived after police ranks at the Berbice High Court outpost had them recaptured before escorting the duo to the New Amsterdam Court where they were charged again with the capital offence of murder.
It was mayhem as the men on being told that they were discharged by Justice Franklyn Holder darted out of the courtroom.
But even as their jubilant relatives were waiting outside, that moment was fleeting as the ranks attempted to have the men re-arrested although challenged by the resisting siblings.
Detective Corporal Philip Walters who attempted to arrest the duo had his spectacles and gold chain destroyed in the melee.
In a bid to avoid being recaptured Jaggassar hurriedly retraced his steps to the courtroom, and attempted to flee through the judge’s chambers, but was blocked from entering as Justice Holder stood in the doorway. Meanwhile, his co-accused Harrichand ran towards the main stairway in an effort to exit the courthouse but he was recaptured by Sergeant Godfrey Playter who darted behind him.
During a retrial which commenced on Wednesday, Defence Counsel Kim Kyte John and Vic Puran, during the preliminary hearing moved a motion to quash the indictment, citing that it was bad in law, illegal and a nullity, as the magistrate had no power to charge the accused men even if he was of the opinion that a prima facie case was made out to the ‘charge proved’.
In addition the lawyers had submitted that the charge read to the accused persons were unknown to the law and as such bad in law.
Following the submissions, Justice Holder ruled in favour of the defence and discharged the accused men.
On February 22 last the trial of the men indicted with the unlawful killing of Gary Simon was halted abruptly after one of the jurors was observed to have had an acute hearing impediment.
During the testimony of Police Sergeant Playter, the number five juror indicated to his peers that his legs were cramping and he needed to have them stretched.
However, after the request was forwarded to the court the judge attempted to attract the affected juror’s attention in order to address his concern but to no avail until he was touched by a fellow juror. He thereafter indicated by the use of sign language that he was not hearing well.
The court was subsequently adjourned and following discussions in the judge’s chambers with State Counsel Dionne Mc Cammon and Defence Counsel Kim Kyte John and Vic Puran, Justice Holder re-entered the courtroom citing sections of the Criminal Law Procedure Act.
He said, “If one or more of the jurors, before they begin to consider the verdict, becomes or become in the opinion of the court, incapable of continuing to perform his or her duties, the court may either discharge the jury and direct a new jury to be empanelled during the same sitting of the court, on March 9.”
