Speeding up trials, temporary magistrates among plans to ease jail overcrowding

Speeding up trials and hiring temporary magistrates are among the initiatives being actively considered by government and the judiciary to help ease the overcrowding in the prisons, the Office of the Prime Minister (OPM) said yesterday.

Top government and judiciary officials met on Wednesday to work on the available options after inmates of the Georgetown Prisons following the deadly March 3 fire, complained bitterly about the lengthy delays in their trials. The fire claimed the lives of 17 inmates and caused injuries to several others, some of whom are still hospitalised.

The OPM statement said that it is expected that Magistrates would expedite trials or grant bail to prisoners which could ease the overcrowding in the jails. It was stated that the Chancellor will be giving consideration to hiring temporary magistrates once financing could be guaranteed.

At the two-hour meeting which was held at the Court of Appeal located on High Street, Prime Minister Moses Nagamootoo headed government’s delegation which also included Minister of Public Security Khemraj Ramjattan, Minister of State Joseph Harmon and Minister of Legal Affairs and Attorney General Basil Williams.

Chancellor of the Judiciary, Justice Carl Singh led the judiciary team which included Chief Magistrate Ann McLennan, Director of Public Prosecutions (DPP) Shalimar Ali-Hack and Acting Chief Justice Yonette Cummings-Edwards.

According to the OPM release, Justice Singh assured the delegation that all necessary initiatives will be considered to expedite trials and to review bail to reduce the number of prisoners on remand.

Ramjattan, it was noted, undertook to compile an inventory of prisoners on remand who would be placed in categories in accordance with the offences for which they have been charged.

 

After the riots at the Georgetown Prison earlier this month, Chancellor Singh had contacted Harmon to offer the assurance that the judiciary would support initiatives to ease over-crowing at all five prison locations in Guyana, he said.

The meeting between the two sides occurred at the behest of President David Granger in the wake of the fiery disaster at the prison.

Strict enforcement

Besides overcrowding, the release informed, the executive and judicial teams identified the need for the strict enforcement of ticketing for traffic violations, where the regulations apply, instead of motorists being summoned to appear before the courts.

The teams were further assured that the DPP would continue the process of “nolle prosequi” in High Court matters where victims and complainants could not be located, after careful judicial review of the circumstances in each case.

Both the government and judicial sides expressed a strong view that, as far as possible, the police ought to take relevant statements and fully prepare cases for the prosecution before charges are laid. “If that were done, it would prevent the remand of alleged offenders to prison pending collection of further evidence or advice from the DPP, as the case may be. Failure to prepare cases result in a cycle of delay and adjournments”, the statement said.

It added that during the “frank and cordial exchange of views”, both sides recognised the need for a review of sentencing guidelines, the reform of laws to allow the exercise by Magistrates of greater discretion in imposing sentences, including for drug-related offences.

According to the statement the need for the police to coordinate with the magistrate in the supervision of community service, instead of a term of imprisonment, was also stressed since community service would keep a number of petty offenders out of jail.

The Prime Minister, it was stated, expressed satisfaction over the progress at the talks, and assured that he would bring to the President’s attention to the areas that would require follow- up in order to bring an ease to the prison situation.

Within an hour of the meeting’s conclusion he briefed the President and alerted him about areas for possible government funding of short term initiatives.

Shortly after the meeting had ended, Nagamootoo told reporters that it was a success. “From the point of view at this time…it was a very successful meeting. The government team…is very pleased that this meeting has shown a resolve to deal with some of the issues confronting our prison system and the justice system,” he asserted.

He said there will be follow up meetings after the exchange of information which includes an inventory of how many persons are affected by the overcrowding situation and how the judiciary can help.

Nagamootoo related that there are some preliminary mechanisms which will first have to be put in place to allow for forward movement.