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How is justice dispensed in the courts of Guyana?

Sep 29, 2008 Letters

DEAR EDITOR,
September 17, 2008 was about the most confusing day in my life; and so as not to confuse you or anyone else, I will be very brief.

I was in court in the Berbice Magisterial District, where I went to present a bail application on behalf of a client of mine, who was charged, along with three other persons, with ‘robbery under arms, to wit guns’ and ‘unlawful possession of firearms’.

Mr. John Persaud and I presented bail applications to the presiding magistrate, and we were almost elated when he said: “I will grant them bail.” That sentence concluded with these words – “two million dollars each, cash”.

My client is 19 years old and never before had any brush with the law for anything. The police have offered no concrete evidence against him (perhaps it is a little premature for that), and yet, when both Mr. J. Persaud and I asked for ‘like surety,’ we heard the words: ‘No, cash’.

This, we all know, is tantamount to no bail. Then the next case was called. The accused was charged and brought before the said magistrate on two counts of ‘attempted murder.’ He was placed on $500,000 cash bail.

Why am I confused when everything seems so simple and straightforward? My client was remanded since early June, 2008, and was brought to court on several occasions, only to be told by the prosecutor that he — the prosecutor — was not in possession of the file.

That day that prosecutor had the file — four months after the arrest of my client. Do I have to ask how is it that, within one week of his arrest, an attempted murder accused was brought to court and his file was there; and on the very first appearance he was sent on bail, and for just $500,000, when my client was placed on $2,000,000 bail? I was appalled as I sat in that courtroom and listened.

I would like to ask how is justice dispensed in our courts, and who really gets justice? And will someone please help me by trying to explain what happened at the magistrate’s court that day?

Charrandass Persaud
Attorney-at-Law

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