Backlog in criminal cases reduced by 23

Demerara Assizes review

The criminal backlog in Demerara has been reduced by 23 cases, which were disposed of during the April 2017 Criminal Assizes, which wrapped up on Thursday when the gaol delivery was done by Justice Navindra Singh.

This session, which had a total of 152 cases listed to be heard, commenced on April 4, with Justice Singh and Justice Jo-Ann Barlow presiding.

Of the 23 cases disposed of, 17 of them received attention in the High Court of Demerara while the other six matters were nolle prosequi by the Director of Public Prosecutions (DPP).

In relation to the 17 matters that were prosecuted in court, there were nine guilty pleas, four guilty verdicts, one formal verdict of not guilty, one hung jury and two not guilty verdicts by jury.

Justice Singh completed 11 matters during this time, five of which were in relation to five accused who were indicted together for various offences.

In one of these five cases the accused were all indicted on two counts of Attempt to Commit Murder, two counts of Discharging Loaded Firearm with Intent, two counts of Wounding with Intent and one count for Unlawful Possession of Ammunition.

Four of the accused pleaded guilty to all seven counts as charged. One of them was sentenced to a total of 50 years imprisonment, while the remaining three others were jailed for 53 years each. These sentences will run concurrently. Additionally, the fifth accused pleaded not guilty and will await his trial in court.

In a second trial, the five men were indicted on two charges – murder and attempted murder. Again, four of the accused pleaded guilty to the lesser offence of manslaughter for the murder charge as well as guilty to attempted murder. One of the accused was sentenced to 35 years for both offences while the other three accused were sentenced to a total of 34 years imprisonment each. These sentences will also run concurrently. The fifth accused, again, pleaded not guilty and will await his trial in court.

With regard to the charge related to the arson of the High Court building, the four accused all pleaded guilty resulting in one of them getting a 12-year sentence, while the other three received 15 years imprisonment.

Moreover, one of the five accused was indicted with two other murder charges to which he also pleaded guilty to the lesser offence of manslaughter and was sentenced to 15 years on each indictment.

In addition, Justice Singh heard six other murder cases during this time. The accused in three of these pleaded guilty to the lesser offence of manslaughter and were respectively sentenced to eight, fifteen and nine year imprisonment.

In two other separate murder trials, one accused was sentenced to life imprisonment after the jury returned a majority verdict for the lesser offence of manslaughter. The jury in another murder case, returned a unanimous guilty verdict and the accused was jailed 65 years.

The accused in the sixth murder case is slated to be sentenced on June 12, after the jury returned a majority guilty verdict.

Meanwhile, Justice Barlow completed six matters in the April Assizes. In a matter of Carnal knowledge of a Girl under 15 years, the accused was sentenced to 18 years imprisonment after the jury returned a unanimous guilty verdict.

The virtual complainant (VC) in the case of rape of a child under 16 years, went into the witness box and testified that she did not wish to continue with her matter, resulting in the Judge directing the jury to return a formal verdict of not guilty.

Additionally, in one of the three murder cases, the accused pleaded guilty to the lesser offence of manslaughter and was sentenced to 12 years imprisonment. In another murder case, the jury failed to reach a verdict and as such a retrial has to be done.

The accused in the other murder case was acquitted after the jury returned with a unanimous verdict of not guilty and a majority not guilty verdict for the lesser offence of manslaughter.

In a sexual activity with a child under 16 years case with two alternative counts of rape of a child under 16 years, the accused was acquitted on all three counts by the jury.

On the other hand, a murder case was nolle prosequi because the accused had three trials in the High Court, all of which the juries failed to reach a verdict. The VC in a Rape of A Child under 16 years, indicated that she did not wish to proceed with the evidence.

Meanwhile, four other sexual offences cases were nolle prosequi after the VCs failed to meet with the DPP, despite public notices.

The Demerara June 2017 Criminal Assizes is set to commence on Tuesday, June 6, with some 167 cases listed to be heard. Justices Singh and Barlow will be presiding throughout the month of June and then there will be a new assignment for Judges who will be presiding for the reminder of the Assizes.

During the month of May 2017, the Court of Appeal sat for one matter for the offence of assault.  The court granted leave to the Appellant to withdraw his application for an extension of time to file a Notice of Appeal against his sentence and conviction.