Sexual offences lead cases as Demerara Criminal Assizes open

A total of 354 cases are listed for hearing at the Criminal Session of the Demerara Assizes, which opened on Tuesday morning. Leading the number of cases is sexual offences.

Justice Sandil Kissoon, together with Justice Jo-Ann Barlow and Justice Priya Sewnarine-Beharry are scheduled to preside over cases during this session.
With a total of 354 cases listed for hearing, the majority are sexual offences at 174. There are 75 murder cases, Director of Public Prosecutions (DPP) Shalimar Ali-Hack said.
“Those persons are incarcerated. 174 of those cases are for sexual offences. Sexual offences are prevalent and they contribute to the larger number of cases listed for hearing,” she said.
According to the DPP, investigations in Guyana are paper-based, and she is hoping to end those files being used to investigate matters.
“They are based on paper files that are compiled by the Police investigations. Files continued, despite COVID, to come to the office for advice. We continued to give advice, despite the paper continued to be contaminated. As a result, the papers had to be sanitised and this took longer for us to give the advice,” she explained.
She said it has a great effect on the Magistrates’ Courts where all criminal cases are heard. It is then passed on to the High Court and the Court of Appeal.
Ali-Hack said for the system to be changed, reliable internet service and trained personnel is needed.
She said that once an electronic system is in place, only the DPP, Police, and judicial system will have access.
“I look forward to the digitising of the system whereby we can get to file electronically, we can give advice electronically, and we can continue with the virtual hearing so has to ensure the safety of the staff who are dealing with the files.”
“This not only the staff of the DPP’s office but also the staff of the court,” she said.
The Assizes commenced on January 11, 2022, and Goal delivery was done by Madam Justice Simone Morris-Ramlall on April 4, 2022, bringing to an end the Demerara-January 2022 Criminal Assizes.
Of these cases, only 40 were completed. Justices Priya Sewnarine-Beharry, Simone Morris-Ramlall, and Brassington Reynolds sat during this session which ended in late March.
Of the 40 cases, the DPP, presented 30 in the High Court in Demerara while 10 matters were nolle prosequi in writing by her. Of these 30 matters presented, nine were for the offence of murder, 16 were for sexual offences, four for the offence of attempt to commit murder, and one for the offence of manslaughter.
There was a total of 33 accused in relation to these matters. There were seven convictions, nine guilty pleas, 11 formal verdicts of not guilty, three not guilty verdicts by jury, and two hung juries.
Of these 30 cases presented in the High Court, State Counsel Mohamed Muntaz Ali, State Counsel Nafeeza Baig, and State Counsel Latiffia Elliot completed 16 cases in the Sexual Offences Court before Justice Sewnarine-Beharry.
In three of these cases, the accused were found guilty by jury verdicts. One of them was sentenced to a total of 75 years’ imprisonment for three counts of sexual activity with a child family member. The other two accused are awaiting sentencing.
In one other case, the accused pleaded guilty to the offence of rape of a child under 16 years and he too is awaiting sentence. Another three accused were acquitted by jury verdicts of not guilty.
Two others were further remanded after their respective juries failed to reach a verdict. In seven of these cases, the complainants declined to offer any further evidence, and as such, the trial Judge directed the juries to return formal verdicts of not guilty. (G9)