Bartica Massacre convicts appeal: “A waste of state resources and judicial time” – State prosecutor; says cases should die with them

…as Nigel Hughes fights to clear convicts’ names, reputation

State Prosecutor Diana O’Brien on Thursday argued before the Court of Appeal that it would be a “waste of state resources and judicial time” to proceed with the appeal cases of Mark Royden Williams, known as “Smallie,” and Dennis Williams, known as “Anaconda,” both convicted for their roles in the 2008 Bartica Massacre, and now deceased.
In submissions before the court, O’Brien emphasized that the appeal, filed in 2017, should be considered abated given the deaths of both men, and no meaningful legal outcome could be achieved by continuing the proceedings.

“It is a waste of state resources and judicial time given the fact that the appeal has already abated in our view,” O’Brien stated, adding, “The Court of Appeal Act is specific that the appellant is a person convicted, and here Counsel has conceded that no one would suffer the penalty or have the privilege of the appeal being allowed. Our respectful contention is that the appeal against Mark Williams as well as Dennis Williams would have abated upon their deaths.”
The matter was adjourned to July 17 for final arguments.

Royden Williams died in 2023 during a confrontation with the Joint Services in Region Seven, weeks after escaping from the Mazaruni Prison in a daring May 2023 breakout. It was his second escape from custody, having previously broken out of the Camp Street Prison in 2017 before being recaptured in October of that year on the Weldaad Public Road, West Coast Berbice.
Dennis Williams, on the other hand, died in custody at the Mazaruni Prison after a period of illness.

Both men were sentenced to death by hanging after being found guilty of seven counts of murder and five counts of manslaughter in relation to the 2008 Bartica Massacre, during which 12 people, including three policemen, were killed. They also received life sentences for the manslaughter charges, to run concurrently.
Royden and Dennis were charged alongside Clebert Reece (a.k.a. “Chi Chi”), who pleaded guilty to 12 counts of manslaughter and was sentenced to 35 years in prison for each count, and Michael Ceasar, who pleaded guilty to manslaughter charges related to the Bartica as well as the Lusignan massacres, he was sentenced to 60 years in prison for the Bartica massacre and 45 years for the Lusignan massacre.
Their notices of appeal were filed in 2017, weeks after their convictions, both convicts contended that their trials were unfair and that the court had no jurisdiction to hear their matters. Along with Royden and Dennis, Ceasar is also appealing his sentence.
Royden and Dennis, along with Ceasar are being represented by Attorney Nigel Hughes.

Reputation of massacre convict
Hughes argued that the posthumous appeals should proceed to address the integrity of the convictions and the reputations of the deceased.
“Though it will not have an impact in the physical world, it will have an impact on the reputation of the person,” Hughes said, adding that while the concept of an estate typically relates to civil matters, the principle here is whether the conviction was just at the time it was handed down.
However, O’Brien further noted that any vacating of Royden’s conviction would have little legal effect given that he had also been sentenced to death in 2022 for the January 2008 murder of Guyana Defence Force (GDF) Corporal Ivor Williams in a separate case.
“Even if this conviction were vacated, that would not be the effect, because there are other matters in which he was convicted,” she stated.
The prosecutor also raised concerns over representation, questioning who was instructing legal counsel for the deceased appellants.
“We do not even know from whom counsel is receiving instructions. It’s not even at the stage where we would consider substitution, because we wouldn’t know who is giving instructions in relation to the deceased,” O’Brien argued.
Additionally, one of the Court of Appeal justices questioned Royden’s continued desire to lawfully appeal his conviction, given that his escape from Mazaruni was an indication of his intention to “no longer rely on the lawful measures that are available because once you take yourself out of the system, you are out of the system”.