Only 49 of 242 matters concluded at Demerara criminal assizes

Forty-nine matters out of the 242 listed were disposed of during the recently concluded June 2014 Criminal Assizes, according to the Chambers of the Director of Public Prosecutions (DPP).

Eighteen of the 49 matters were nolle prosequi (action discontinued) by the DPP.

A press release from the DPP said that the gaol delivery was done by Justice Diana Insanally on October 1 bringing the Demerara June 2014 Criminal Assizes to an end. The Assizes began with three judges who were replaced by five other judges who sat during the month of July. Two of the five continued during the month of September brining the Assizes to an end.

The release said that during the Assizes which commenced on June 3, 2014, of the 49 cases which were disposed of, 31 cases received attention in the High Court.

During the month of June Justice William Ramlal disposed of two cases; one case was for the offence of Rape and Robbery and the other case for the offence of Murder. In the matter of the rape and robbery the trial Judge quashed the indictment and ordered that the Prelimi-nary Inquiry (PI) be done afresh. The accused in the Murder matter was acquitted after the jury returned a unanimous verdict of not guilty.

Justice Navindra Singh completed two cases for the offence of Murder. In one matter the accused was acquitted after the jury returned a verdict of not guilty while in the other matter the jury returned a unanimous guilty verdict and the accused was sentenced to 57 years imprisonment by the Trial Judge.

According to the press release, Justice Dawn Gregory completed three matters for the offence of Murder. In one of these cases, the accused was sentenced to twelve years imprisonment after the jury unanimously found him guilty on the lesser count of Manslaughter. The accused in the other two Murder trials both pleaded guilty to the lesser offence of Manslaughter and were sentenced to twenty years and fifteen years imprisonment respectively.

 Rape cases

During the month of July seven matters were presented before Justice James Bovell-Drakes when he sat. Of these seven matters, four were for the offence of Rape, one matter for the offence of Buggery, one matter for the offence of Incest and Carnal Knowledge and the other for the offence of Incest. In five of these matters the Virtual Com-plainants (VCs) testified before the jury that they no longer wished to give any evidence against the accused and Justice Bovell-Drakes directed the jury to return formal verdicts of not guilty. In the matter for the offence of Buggery, evidence was led to prove that the VC had migrated and was no longer interested to proceed with the matter. The accused in the matter for the offence of Incest was acquitted after the jury returned a unanimous verdict of not guilty.

Justice Insanally disposed of four matters for the offence of Murder. The accused in one of these four matters was further remanded to prison to await a retrial after the jury failed to reach a unanimous verdict, the release said adding that in another matter the Trial Judge upheld a no- case submission and directed the jury to return a formal verdict of not guilty. The State has since appealed this decision. In the other two matters the accused were acquitted after the jury returned unanimous verdicts of not guilty.

Justice Rishi Persaud disposed of seven matters for the offences of Rape, Rape and Indecent Assault, Attempt to Commit a Felony and Indecent Assault and Carnal Knowledge of a Girl under Fifteen years. The accused in one of the matters for Rape of a Child under Fifteen years of age, pleaded guilty and was sentenced to thirty years imprisonment. The VCs in the other six matters testified before the jury that they did not wish to testify and the Trial Judge directed the jury to return formal verdicts of not guilty.

Four matters were presented before Justice Naresh Harnanan. Two of which were for the offence of Rape, while a third matter was for the offence of Carnal Knowledge of a Girl under Fifteen years and Buggery. The fourth matter was for the offence of Rape, Buggery and Robbery under Arms. The accused in one Rape case was acquitted after the jury returned a unanimous verdict of not guilty. While in the other Rape matter a retrial was ordered after a hung jury was returned in proportion of 4 guilty and 8 not guilty. The VC in the matter of Carnal Knowledge of a Girl under Fifteen years and Buggery, testified before the jury that she did not wish to offer any evidence and the Trial Judge directed the jury to return a formal verdict of not guilty. In the matter for the offence of Rape, Buggery and Robbery under Arms, the unrepresented accused informed the Court that he will need five years to prepare his own defence. He was further remanded to prison.

Justice Franklyn Holder completed two matters for the offence of Murder. In the first matter Justice Holder withdrew the case from the jury and consequently directed that a formal verdict of not guilty be returned. The accused in the other Murder matter was acquitted after the jury returned a unanimous verdict of not guilty.

During this period eighteen matters were nolle prosequi by the DPP because the Virtual Complainants (VC) did not wish to proceed with the prosecution; seventeen were for sexual offences and the other was for the offence of Attempt to Commit Murder and alternatively Causing Grievous Bodily Harm with Intent, the release stated.

In total during the Criminal Assizes there were five convictions, seven not guilty verdicts, fifteen formal verdicts of not guilty, one case was quashed and a PI ordered to be done de novo, one retrial and two hung jury verdicts.