Micobie man freed after languishing in jail for almost 10 years

…as Judge stays murder charge over trial delay

Demerara High Court Judge Sandil Kissoon has frowned upon the state of affairs in Guyana’s criminal justice system, particularly the issue of accused persons languishing in jail for lengthy periods on remand, in some cases 10 years, before they are afforded a trial.

While delivering his ruling in the State vs Jones Raymond on Friday, the Judge pointed out that delays in the administration of justice cannot be tolerated, as a delay constitutes a violation of one’s constitutional rights.
Raymond, 58, an Indigenous man of Micobie Village, Region Eight (Potaro-Siparuni), was remanded to prison on December 28, 2012 for the murder of Gary Joseph, 33, which had occurred at some time between December 26 and December 27, 2012.

Agony
Following a Preliminary Inquiry (PI), which Justice Kissoon said was completed promptly, the murder accused was committed to stand trial on October 15, 2014 at the Essequibo High Court.
The Office of the Director of Public Prosecutions (DPP) had received the depositions from that PI on March 23, 2015, but had remitted the case to the Magistrate’s Court for the presiding Magistrate to correct “several material irregularities and/or omissions” on part of the Magistrate. Justice Kissoon has said that, seven years later, the Magistrate is yet to comply with the DPP’s directive. In light of this, he said, the man never had a “valid Preliminary Inquiry”.
The Judge disclosed that Raymond’s unfortunate circumstances were brought to his attention by the Superintendent of Prison.
As for Raymond, who wanted to end his “agony”, the Judge said, the man opted to plead guilty to the lesser count of manslaughter, as he saw this as his only way out of prison.
The Judge recalled that, in 2021, he had given directions for the accused to be taken before the Essequibo Criminal Assizes, for his plea to be taken and a sentence to be imposed. Notwithstanding those directions, Justice Kissoon added, the accused is before him again.
Come December 2022, he pointed out, the time that the accused would have spent on remand would add up to 10 calendar years, which equates to 15 prison years. Having regard to the foregoing, Justice Kissoon held that “a grave tragedy, the unthinkable, has occurred in relation to Jones Raymond without compassion, conscious and judicial discretion.”
Had it not been for the intervention of officers of the Prison Service, the Judge said, he would have been unaware of the case against Raymond, whom he described as a voiceless man who is incommunicado and far removed from his home and community without representation.

Stayed
In the circumstances, Justice Kissoon has permanently stayed all criminal proceedings against Raymond, ordering that he be released from prison immediately. In so doing, he ruled that the stay was warranted in the “exceptional circumstances” of this case: where there has been an undue and inexcusable delay without cause on the part of the State; when Raymond, who is clothed with the presumption of innocence, despite his requests and representation by him to have his matter heard, has had his request to plead denied; and where his case has still not been tried, despite previous orders for his case to be heard.
In the end, the Amerindian Affairs Ministry, or any other institution, has been ordered to assist Raymond financially or otherwise, to ensure that he meets home safely.
Referencing several scholarly legal articles and case laws on access to justice, Justice Sandil Kissoon declared that Raymond’s fundamental right to a fair trial within a reasonable time, as guaranteed by Article 144 of the Constitution, has been violated, and continues to be violated, due to the inordinate period he has spent in pre-trial detention.

Cannot be condoned
Justice Kissoon expressed that he is unable to contemplate how “we in the criminal justice system arrived at this juncture in 2022…a citizen can serve the equivalent of a few months short of a 15-year sentence on remand, and this is somehow acceptable in the system that prevails.”
He emphasised that this laxity cannot, and should not, be condoned, and it should not be tolerated when the liberty of a citizen has been, and continues to be, wantonly violated with no effort to remedy these circumstances.
“To no one will we sell, to no one will we deny or delay right or justice”, said Justice Kissoon as he quoted from Clause 40 of the Charter of the Magna Carta.
Attorney-at-Law Teriq Mohammed appeared for Raymond, while State Counsel Muntaz Ali appeared for the prosecution.
It was the prosecution’s case that Joseph and several friends were imbibing at a shop on Boxing Day of December 2012 when Raymond inquired from him about what he had done to his son.
The prosecution had contended that Raymond armed himself with an arrow and bow, which he used to shoot Joseph. The weapon struck the man in his abdomen.
The injured man was rushed to the Mahdia Hospital, and then transferred to the Georgetown Public Hospital, where he died while receiving treatment.