39 of 307 cases disposed of at Demerara January Criminal Assizes

A total of 307 cases were listed to be heard in the Demerara January Criminal Assizes but only 39 were disposed of, according to the Director of Public Prosecution’s Chambers.

Justice Priya Sewnarine-Beharry, Justice Simone Morris-Ramlall and Justice Jo-Ann Barlow presided over these assizes. Of the 49 matters disposed of by the State, 37 were presented in the High Court.
Nineteen were for sexual offences, 15 for the offence of murder, one for attempted murder with an alternate count of discharging a loaded firearm with intent; and two for the offence of murder in the furtherance of a robbery.
The remaining 12 matters were nolle prosequi by the DPP. There were 10 guilty pleas, two convictions, 17 formal verdicts of not guilty, eight verdicts of not guilty, and two hung juries. Some 43 accused were in connection to these matters.
A release from the DPP Chambers stated that State Counsel Latiffa Elliot, State Counsel Rbina Christmas, State Counsel Paneeta Persaud and State Counsel Simran Gajraj presented 19 matters in the Sexual Offences Court before Justice Sewnarine-Beharry. ln 13 of these, the complainants did not wish to proceed with their cases and the trial judge directed the jury to return formal verdicts of not guilty.

Of the other six matters, five accused were all acquitted by jury verdicts. While in one other matter, the accused was found guilty by the jury and is awaiting a sentence.
Senior State Counsel Abigail Gibbs together with State Counsel Mohamed Ali, State Counsel Taneisha Saygon, State Counsel Marissa Edwards, and State Counsel Abiola Lowe presented six matters before Justice Morris-Ramlall.
“Of these six matters, five were for the offence of murder and one for the offence of attempt to commit murder with an alternative count of discharging a loaded firearm with intent.”
ln two of these murder trials, three accused pleaded guilty to the lesser offence of manslaughter. ln one case, the accused who was a juvenile was sentenced to the maximum of five years’ imprisonment in accordance with the Juvenile Justice Act; he had spent five years in custody and therefore was discharged.

ln the other case, there were two accused who were jointly indicted, the number one accused was sentenced to 22.5 years’ imprisonment while his co-accused was sentenced to 18.5 years’ imprisonment.
In another, wherein two accused were indicted together, the Trial Judge upheld a no-case submission for the number one and directed the jury to return a formal verdict of not guilty, while the number two accused was acquitted by a jury verdict of not guilty. The State has served a Notice of Intention to Appeal.
“ln two other trials, the juries returned not guilty verdicts for both accused persons. ln the one matter for the offence of attempt to commit murder with an alternate count of discharging a loaded firearm with intent, the Trial Judge upheld no case submissions for the two accused and directed the jury to return formal verdicts of not guilty.”
Further, State Counsel Caressa Henry, State Counsel Cicelia Corbin and State Counsel Yonika Rowland presented 12 matters – 10 for the offence of murder and two for the offence of murder in the furtherance of a robbery – before Justice Barlow.
ln six of these murder matters, a total of seven accused pleaded guilty to the lesser offence of manslaughter. ln two of these cases, there were two accused in each who were indicted together.
“ln one case, both accused were each sentenced to seven years and 353 days’ imprisonment. ln the other, while the number one accused pleaded guilty to manslaughter and is awaiting sentencing, the trial for his co-accused was aborted because the court ruled it would be prejudicial.”
The DPP also stated that in three separate murder trials, one accused was found unanimously guilty by jury verdict and is awaiting a sentence. Another one was further remanded to prison after his jury failed to reach a verdict. While in the third case, the Trial Judge upheld a no-case submission because of insufficient evidence and directed the jury to return a formal verdict of not guilty.
ln one of the two matters for the offence of murder in the furtherance of a robbery, one accused was acquitted by jury verdict of not guilty. While in the other, the court upheld a no-case submission and directed the jury to return a formal verdict of not guilty. Another concluded on Tuesday with a hung jury.
Of the 11 matters nolle prosequi by the DPP, 10 were for sexual offences. ln one of these, the accused is now deceased. The complainants in another three matters could not be located while seven other complainants submitted written statements that they do not wish to proceed with their matters.