Latest update September 7th, 2024 12:59 AM
May 24, 2008 News
Attorney-at-Law Sandil Kissoon, who made a successful application to have a murder accused placed on bail, yesterday responded to attacks on the Acting Chief Justice Ian Chang.
Kissoon, who had filed a constitutional motion on behalf of murder accused Hemchand Persaud, yesterday applauded the CJ’s ruling, stating that the freedom of his client was well deserved.
However, Kissoon said that he is of the opinion that all legal proceedings against Persaud should have been halted permanently.
Home Affairs Minister Clement Rohee had criticised Chang’s decision to allow Persaud bail in the sum of $200,000. Rohee lashed out at the judiciary, stating that the decisions of some judges were a threat to the executive powers of the State.
However, the Office of the President issued a statement Thursday, distancing itself from Rohee’s comments.
Kissoon, in a letter to Kaieteur News, commended the Office of the President for isolating itself from the ill-informed attack on the judiciary.
“The fact that the Minister has caused embarrassment to the government should be examined by Minister Rohee to determine whether he should honourably resign,” Kissoon remarked.
The attorney noted that he understood the dilemma of the government when accused persons are set free when the government’s expectation was to have them remain in custody.
“But the fault lies not in the judiciary but rather in the prosecution service or disservice,” Kissoon commented.
The Chief Justice in his judgment said, “It is the responsibility of the State that there is in place an efficient and properly stratified legal system to discharge constitutional duty of the State to provide a hearing within a reasonable time to every accused person”.
Explaining his client’s plight that provoked the ire of the Minister, Kissoon said Persaud was charged since April 27, 2000 with the murders of James Sanichar and Afraz Khan.
However, until now no valid committal proceedings by way of a Preliminary Inquiry (PI), which is a procedural prerequisite to a High Court trial, has been held or even started.
Kissoon said Persaud was made to face three preliminary inquiries, one of which was abandoned after 26 months, whilst the other two were successfully challenged and set aside.
Persaud was also charged on four separate occasions over an eight-year period for the same murders.
“The Director of Public Prosecutions (DPP) now sought to commence a fourth PI after eight years during which the applicant was imprisoned. As a result, Persaud approached the High Court for relief alleging that his right to due process, guaranteed as a fundamental right under the constitution, had been contravened by the executive and judicial arms of the State,” the lawyer clarified.
Kissoon listed some examples of prosecutorial sloth as the Oliver Hinckson case (prosecutor absent), the Buddy’s fuel case (charge did not disclose an offence), the Shiraz Alli case (prosecutor failed to establish defendant’s identity), Providence Gomes case (Portuguese man charged when witnesses described robbers as African men), the Barry Dataram case (the prosecutor could not correctly apply for a warrant) and the Bartica Simon case (police refuse to verify alibi).
Kissoon added that far from acting counter to public interest, the CJ had even given advice to the prosecution about how to avoid the quashing of the fourth PI.
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