Judges overrule preliminary submissions

Jun 04, 2010 News

Pink suitcase trial…

Justices William Ramlal and Roxanne George-Wiltshire yesterday overruled the preliminary submissions made by Senior Counsel Doodnauth Singh. The judges ruled that the court did have jurisdiction to hear the matter and that the correct procedures were followed.
The court then granted Mr. Singh ten days to file an affidavit in answer. However he pointed out to the court that he only needed two days to do so.
Singh’s submissions stated Mr. Nigel Hughes, who is representing Morris Smith and Roderick Peterkin, invoked the wrong jurisdiction in bringing the action, as such he has no standing before the Court, and the Court has no jurisdiction to hear him.
It further stated that Mr. Hughes erroneously brought the action under Order 10 Rule LVIII of the Rules of the Supreme Court of England 1883 Act; an Act which is no longer being used in Guyana since 1955, and there is the Court of Appeal decision of Patterson and Another v Elections Commission where this point was discussed.
The Senior Counsel’s submission further stated that the applicants are relying on the decision of Barry Dataram, but Senior Counsel Singh argued that in the decision of Barry Dataram, a fundamental error in law was made and the Full Court cannot rely on such an erroneous decision as relied on by the applicants; that even though aspects of the UK 1883 procedure could be used, the UK Rules of 1883 could not be used. Only aspects which are not provided for in our legislation may be used by acting Chancellor, the Honourable Mr. Justice Carl Singh.
Once the ruling was read, Senior Counsel Singh asked for a few days to file an affidavit in answer. According to the document, the DPP denies all allegations stated against her in the motion.
The affidavit stated that prior to receiving the file called the pink suitcase matter she had no knowledge of the existence of the applicant, Roderick Peterkin. According to the affidavit, once the DPP perused the file she advised that Manniram Prashad, Shemika Tennant, Roderick Peterkin and Maurice Smith be charged.
The matter will be called again next Tuesday.
Hughes’ clients Maurice Smith and Roderick Peterkin, along with Customs Anti-Narcotics Unit (CANU) employees Muniram Persaud and Shemika Tennant, were charged with conspiracy on March 11, just two months after a pink suitcase with over 50 pounds of cocaine slipped through the Timehri airport and was later intercepted by US authorities. They were released on $35,000 bail each.
Hughes is alleging malice on the part of the DPP among other things, but Singh has rejected this saying nothing in the affidavits which were filed points to this.

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