Former murder accused Colin Bailey has lost his bid to have his almost six years on remand awaiting trial on a murder charge be declared a breach of his constitutional right to a fair trial within a reasonable time.
Bailey, a former Police Sergeant, had been on remand from February 24, 2016 to October 13, 2021, when he was acquitted of the 2013 murder of his reputed wife Sirmattie Ramnaress.
Colin Bailey (News Room photo)
Bailey, 57, and Colin Grant had been jointly charged with murdering the 36-year-old woman. Bailey was acquitted on a no-case submission, while Grant pleaded guilty to the lesser offence of manslaughter and was sentenced to 21 years in prison.
Grant admitted that he acted as the “lookout man”, while his accomplices sneaked into the woman’s home and beat and robbed her, before making good their escape.
Ramnaress was killed between August 30 and 31, 2013 at Diamond, East Bank Demerara (EBD). Her lifeless body was found at around 10:00h on August 31, 2013 at her 21st Avenue Diamond home. Her throat had been slit, head bashed in, and hip disjointed, while the bottom flat of her home had been drenched with kerosene. The woman’s entire house had been ransacked, and firemen had to put out a fire in the garage.
On July 15, 2021, while Bailey was awaiting trial at the Demerara Criminal Assizes, his lawyer Nigel Hughes filed a constitutional motion seeking, among other things, a declaration that his client’s right to a fair hearing within a reasonable time, as guaranteed by the provisions of Article 144 of the Constitution of Guyana, had been infringed upon, and he sought damages for the said infringement.
A statement from the Attorney General’s Chambers has said the application was served on Attorney General Anil Nandlall, SC, only on October 14, 2021 — one day after Bailey was freed of the murder charge, and three months after it had been filed.
The State, in response to Bailey’s application, had, among other things, contended that his criminal proceedings were dealt with expeditiously, and there had been no undue delay in the prosecution of his case, the statement noted. The State, according to the statement, argued that Bailey had failed to prove how his fundamental right to a fair hearing had been breached, and how he had suffered any violation and/or infringement of Article 144.
High Court Judge Damone Younge
Bailey’s application was heard and decided on December 13, 2021 by High Court Judge Damone Young, who held that, considering the circumstances of the case, his right to a fair hearing was not infringed. The Judge therefore dismissed his motion.
Lawsuit
Following his acquittal, Bailey filed a lawsuit in which he sought damages totalling $100.6M for his unlawful detention. Listed as respondents in the action are Nandlall and Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC.
Apart from seeking exemplary damages for the loss of $8 million in income during his 67 months on remand, Bailey is also seeking damages for his wrongful arrest and detention; wrongful preferment of a murder charge against him, when there was no basis for doing so; and his wrongful detention for a period in excess of five years.
The former Policeman also wants the court to award him damages for his unlawful detention, resulting in a breach of his fundamental right to liberty and a fair trial within a reasonable time, as guaranteed under Articles 139 and 144 of the Constitution respectively, and for malicious prosecution. He is also seeking interest on any award for damages, costs, and such further or other order the court sees fit.
Bailey’s lawyer said that on October 8, 2021, during a Case Management Conference after the presentation of the indictment, Justice Jo-Ann Barlow asked the State Counsel appearing on behalf of the DPP whether there was any evidence disclosed in the depositions which implicated Bailey in the commission of the crime.
The State Counsel, the lawyer added, indicated that there was no evidence disclosed in the depositions which implicated him in the crime. Notwithstanding the admission, Hughes said, the State Counsel still proceeded with a trial against Bailey.
On October 13, 2021, the State Counsel conceded that there was no evidence implicating Bailey in the crime. Hughes said Justice Barlow upheld his no-case submission and directed the jury to return a formal verdict of not guilty. Hughes contends that the DPP’s actions are egregious and warrant the award of damages.
At a press conference following Bailey’s discharge, Hughes and other lawyers had called for a Commission of Inquiry (CoI) into the operations of the Office of the Director of Public Prosecutions. They also called for an investigation into how many citizens are in or were in the same state as Bailey, and what is the way forward.
