11 murder cases among 42 disposed of during Demerara January Criminal Assizes

– 16 matters nolle pros by DPP

A total of 42 cases, including 11 murders, were disposed of during the Demerara January Criminal Assizes.
There were some 259 cases listed to be heard during the three-month assizes, which commenced on January 9, 2024, and was presided over by Justice Sandil Kissoon, Madam Justice Priya Sewnarine-Beharry and Madam Justice Simone Morris-Ramlall in the Demerara High Court.

Of the 42 matters that were disposed of by the State, 26 were presented in the High Court while the other 16 cases were nolle prosequi (dismissed) by the Director of Public Prosecutions (DPP).
In addition to the 11 murder cases, there were also three matters for manslaughter, another three for the offence of attempt to commit murder and nine for sexual offences.
These cases resulted in five convictions, seven verdicts of not guilty by jury, six formal verdicts of not guilty, nine guilty pleas and one hung jury. There was a total of 28 accused in relation to these matters.
State Counsel Joy Williams, State Counsel Caressa Henry, State Counsel Padma Dubraj and State Counsel Alvaro Ramotar prosecuted 13 matters before Justice Sewnarine-Beharry. Of these 13 matters, seven were for murder, three for manslaughter and three for attempt to commit murder.
In five of the murder trials, the accused all pleaded guilty to the lesser offence of manslaughter; three of them were respectively sentenced to nine years, seven years and 12 years imprisonment while the other two were sentenced to eight years respectively.
In another one of the murder trials, the accused was sentenced at the Court’s pleasure and ordered to serve a minimum of eight years in custody. The other case had two accused and they were both acquitted by unanimous jury verdicts of not guilty.
Justice Beharry upheld no case submissions for two of the manslaughter cases and directed the juries to return formal verdicts of not guilty. While the jury in the other one returned a not guilty verdict.
For one of the attempt to commit murder and wounding with intent cases, the trial Judge upheld a no-case submission and directed the jury to return a formal verdict of not guilty. The accused in the other matter was found guilty by jury on the alternative count of wounding with intent and will be sentenced on May 10, 2024, while the accused in the third matter pleaded guilty as charged and will also be sentenced on May 10.
Meanwhile, State Counsel Rbina Christmas, State Counsel Praneta Seeraj and State Counsel Simran Gajraj completed four murder cases in Justice Morris-Ramlall’s Court.
In one of these, the accused pleaded guilty as charged and was sentenced to 16 years imprisonment. In another one, the main state witness testified that she did not wish to give further evidence and the trial judge directed the jury to return a formal verdict of not guilty.
There were two accused indicted together in one of the murder cases. They were both found unanimously guilty of the lesser offence of manslaughter and sentenced to life imprisonment and will respectively serve 25 years and 21 years before being eligible for parole. In the other case, the accused who was indicted on two counts of murder was found unanimously guilty by jury on both counts. His sentence is deferred to April 4, 2024.
Before Justice Kissoon, State Counsel Latiffa Elliot, State Counsel Nafeeza Baig, State Counsel Yoneika Rowland, State Counsel Abiola Lowe and State Counsel Merissa Edwards presented nine matters in the Sexual Offences Court.
In four of these cases, the accused were all acquitted by jury verdicts of not guilty. In another one, the trial judge upheld a no-case submission and directed the jury to return a formal verdict of not guilty. While the jury in one other case failed to reach a verdict and returned hung; the accused was remanded back to prison to await a new trial. In another two septate trials, both accused pleaded guilty and their sentences have been deferred to this month. One matter remains in progress.
With regards to the 16 matters that were nolle prosequi by the DPP, three were for the offence of murder, two for attempt to commit murder and 11 cases for sexual offences.
In two of these cases, the accused have died. Another accused had his committal quashed in the High Court. The main witnesses in another case could not be located despite several efforts made to find them.
The complainants in the other cases submitted written statements that they did not wish to proceed with their matters.

Court of Appeal
Meanwhile, the DPP Chamber appeared in 24 appeals in the Court of Appeal for the offences of murder, manslaughter, attempted murder, sexual offenses, causing death by dangerous driving, robbery under arms, trafficking in person, possession of narcotics for trafficking, receiving stolen property and simple larceny.
Of these matters, 19 were applications for leave to file and serve notices of appeal against conviction and sentence; 16 applications were granted while three are pending.
Three other applications were granted for extension of time to file and serve notices of appeal. There were two applications for bail pending appeal, one was denied and the other was withdrawn.
During this time, the Chamber also appeared in four matters at the Demerara Full Court, two for the offences of possession of narcotics for trafficking and one each for conspiracy to defraud and unlawful wounding.
Three of these applications were to appeal against conviction and sentence; while two were allowed in part and their convictions were upheld but the sentences varied. The other application was denied.
Another appellant was granted his application for permission to travel out of the jurisdiction.
During this period, the DPP Chamber also appeared in one matter before the Caribbean Court of Justice (CCJ) for the offence of murder. The appeal was allowed.
The April Criminal Assizes in Demerara will commence on April 2, 2024 with a total of 224 matters listed to be heard. Madam Justice Jo-Ann Barlow, Madam Justice Simone Morris-Ramlall and Justice Sandil Kissoon are rostered to preside over this session. (G-8)