Disappearing file forces Magistrate to dismiss case

Jan 20, 2010 News

It was a case of another disappearing file. It prompted Magistrate Haymant Ramdhani to dismiss another case at the Mahaicony Magistrate’s Court on Monday.
And the victims are not happy at all. They are contemplating taking the matter to the Director of Public Prosecutions, the Police Complaints Authority and the Police Office of Professional Responsibility.
The police had charged businessman, Kakhan Ramzan, for alleged wanton driving, claiming that he deliberately drove his vehicle in a manner resulting in injury to Mrs. Zalina Deen.
The incident occurred at Dundee, Mahaicony on March 3, last year, while Deen and her husband were visiting a plot of land that houses the graves of relatives.
Ramzan who reportedly administers the land had objected to them being on the premises and had reportedly attempted to use his vehicle in a manner to prevent them.
It is alleged that he first attempted to run down US citizen Mark Deen and when Deen’s wife Zalina intervened she was struck down as Ramzan reversed his vehicle in a dangerous manner.
Zalina Deen obtained a medical for her injuries and the police proceeded with charges against Ramzan.
The charge of wanton driving was first read to Ramzan on May 11, 2009.
After a few more hearings, the matter was put down for November 30 for statements.
But the Deens soon sensed that something was amiss when they observed the accused was apparently being ‘too friendly’ with the prosecutor.
At first they did not pay too much attention to that.
However, their anxiety began to grow on the next court date when the matter was again put off, as the statements were not presented as was expected.
Then the situation worsened when the prosecutor who started the matter was transferred and another prosecutor took over the case.
At his first hearing, the new prosecutor indicated to the court that he was not in possession of the file.
Another date was set, December 21, but the same thing happened. So too on January 4 and again Monday, prompting Magistrate Ramdhani to dismiss the matter.
A frustrated Zalina Deen suggested to the court that the file be recreated. But this appeared to be a demanding task.
“This man knocked me down and I can get no justice,” she lamented.
Kaieteur News understands that the new prosecutor did enquire from his predecessor about the file and was told that it was at the Divisional Headquarters, Cove and John.
A source at Cove and John indicated that the file was indeed sent there for some adjustments to be made, but it was sent back to Mahaicony.
However, it just vanished after that.
Magistrates have previously dismissed matters when the prosecution failed to produce the files, prompting allegations of corruption.
Zalina Deen is insisting that she will not sit down and let her matter die.
“I went to the DPP and an official there assured me that the DPP will be informed of my intention to appeal the matter. I went to the Complaints Authority and will be seeking an audience with Mr. Jameer,” she said.
Kaieteur News understands that Deen did meet with officials from the Police Office of Professional Responsibility on Monday.
Deen was represented by attorney at law Michael Somersaul, while Jerome Khan appeared on behalf of the accused.

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Disappearing file forces Magistrate to dismiss case

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