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Court Martial against Army Captain discharged

Nov 13, 2009 News

Judge Advocate Justice Winston Patterson has dismissed a charge against a Guyana Defence Force Captain who was court-martialed for allegedly unlawfully uplifting a weapon from the Timehri Arms Store sometime in August this year.
On Wednesday Justice Patterson ruled that the proceedings against Captain Ronald Hope were a nullity as the charge was not laid in accordance with rule 8 of the Defence rules procedure.
The judge advocate made the ruling after submissions were made by counsel for Hope on Monday.
On the same day, counsel for the Guyana Defence Force, Melissa Stuart, had sought an adjournment to the following day to respond to the defence.
When the matter resumed on Tuesday, Stuart made a valiant effort to salvage the case for the Army, but her efforts were fruitless.
Captain Hope was charged in August this year with conduct to the prejudice of good order and military discipline contrary to section 75 of the Defence Act, chapter 15:01 of the Laws of Guyana.
Hope was placed under close arrest at Camp Ayanganna since August but was subsequently placed on open arrest on November 2.
The Army Captain, who was represented by Attorneys-at-law Leslie Sobers, Gregory Gaskin and Trenton Lake, first appeared before a duly constituted court on the day he was placed on open arrest.
The army officer was accused of unlawfully uplifting a semi-automatic pistol from the Timehri Base.
In making his ruling, Justice Moore pointed out that many irregularities that plagued the laying of the charge against Captain Hope are so fatal that the entire proceedings must be declared a nullity and be brought to an end.
In an invited comment, defence attorney Trenton Lake said that in the face of the ruling by Justice Moore, the GDF can avail itself to one of two options: they may choose to re-lay the charge against Captain Hope, this time ensuring that the procedural requirements are complied with, or since a court martial is an expensive affair, the army may, in an effort not to waste taxpayers’ money, accept Hope’s request to be struck off strength.
Lake assured that the defence will continue to pursue with vigour and within the confines of the law, whatever course that the GDF’s action may necessitate to ensure that Hope gets the best representation.

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