Assistant Superintendent of Police Fazil Karimbaksh yesterday sought a one month adjournment for the start of the Preliminary Inquiry (PI) into the treason charges against Guyana
Defence Force (GDF) Major Bruce Munroe, his wife Carol Ann Munroe and ex-soldier Leonard Wharton.
Karimbaksh made the request to acting Chief Magistrate Priya Sewnarine-Beharry on behalf of the state, while saying that it would be prepared to begin the PI on February 21, by which time a special prosecutor will be identified.
After a previous unsuccessful bid by the state for a lengthy adjournment, the hearing yesterday had been fixed for the prosecution to inform the court of the date for the commencement of the PI, provide a detailed report on Mrs Munroe’s medical condition and inform when certain audio-visual evidence would be made available to the defence.
Upon hearing that the PI would not get underway until another month, relatives and associates of the accused began voicing their disapproval in the courtroom. After Carol Ann Munroe’s mother repeatedly cried out “no,” she was escorted from the courtroom by the court orderly.
Defence attorney Nigel Hughes, who is representing the Munroes, criticised Karimbaksh for failing to properly address the concerns raised by the defence and in pointing a clear way forward in the matter. He reminded that yesterday’s hearing was for a report on who the special prosecutor will be and not just when there would be one.
Additionally, while Karimbaksh said that Mrs Munroe was medically examined by a psychiatrist and that a certificate containing the specifics of that examination would be forthcoming, Hughes contended that the court’s order to have her examined was ignored by the police, resulting in her suffering.
According to him, his client was not examined; rather, she was merely interviewed. He added that the medication Mrs Munroe was prescribed to treat her schizophrenic condition was changed to strong sleeping medication, which keeps her in a semi-comatose state. This, Hughes said, rendered the woman useless while in custody. He added that it is cruel, inhumane and detrimental to her health.
A displeased Hughes said that no record was taken about the woman’s medical history or of the adverse effect the present medication may have on her existing health complaints. He said too that she is still being kept in solitary confinement, even though he had requested otherwise. Hughes noted that Article 141 of the Constitution stipulates that no person should be subject to inhumane treatment. To have changed his client’s medication, he said, was an inhumane act.
Karimbaksh, when asked to respond about the change in medication, said, “I don’t know my worship.”
As a result, Magistrate Sewnarine-Beharry ordered him to launch a proper investigation into the issue and make a proper report on the next occasion.
Hughes argued that the prosecution has failed to answer the questions and address the concerns advanced by the defence. He added that where it had answered questions, it failed to deal with the issues all-together. Counsel noted too that the prosecution did not report on the stance it has taken with regard to making the audiovisual and transcript materials relating to the case available to the defence. It is against this backdrop that Hughes said he was doubtful that the PI will even begin on February 21.
Hughes, in his lengthy submission to the court, questioned the identity of the invisible hand from whom Karimbaksh was “taking orders.” “He [Karimbaksh] is certainly taking orders from someone else madam, since he so far seems unable to properly address the court and shed sure-light on the way forward.
“He seems not to know anything that is happening,” Hughes opined.
The lawyer then suggested that the court be afforded some form of courtesy so that the “invisible hand” would be present on the next occasion. “The prosecutor cannot just come and relay to this honourable court what he has been instructed from another person. He has to know definitively what is happening,” Hughes said.
Magistrate Sewnarine-Beharry criticised the prosecution for “poor and disappointing” responses. “I am disappointed and alarmed at the feedback by the prosecution,” she said.
“You have presented to the court no proper substance on the issues raised or on the way forward.”
“Sorry, but these are my instructions my worship,” Karimbaksh replied.
Magistrate Sewnarine-Beharry adjourned the matter to January 26, when the prosecution is expected to report on Mrs Munroe’s medical condition.
The trio is accused of treason: the charge states that between December 1, 2009 and December 16, 2010, at Soesdyke, East Bank Demerara, they intended to level war within Guyana to force the President out of his office, in order to compel the Government of Guyana to change its measures.
