Too many cases dismissed because of absent witnesses

Jun 18, 2012 News

---

 

 
– PCA Chairman

 “Magistrates are supposed to issue warrants for the eyewitnesses to show up in court, not punish the victims by dismissing the case” -Justice Kennard

By Rehana Ashley Ahamad

Chairman of the Police Complaints Authority (PCA), Cecil Kennard, believes that too many cases are being ridiculously dismissed as a result of the absence of eyewitnesses and police in the courts when matters are being called.
The former Chancellor of the Judiciary said that “Magistrates are supposed to issue warrants for the eyewitnesses to show up in court, not punish the victims by dismissing the case”.
He added that if this continues, it is a certainty that persons may lose faith in the justice system, while some might even go astray in an effort to seek revenge.
“It is not fair that cases are being dismissed. This would result in charges laid against defendants being dropped, even though the defendant might be guilty of crimes that call for all kinds of penalties including life imprisonment. How is the victim to be blamed?” Kennard queried.

The man further explained to this newspaper, that while it is unclear as to why Magistrates opt to dismiss charges without issuing warrants, it is the duty of prosecutors to ensure that police, along with witnesses and evidence (if any exists), reaches the court.
“I am not saying that the prosecutors themselves have to do this, but the fact remains that it is their duty to at least assign somebody to get the witnesses and everything relating to the case, to the court,” he pointed out.
Meanwhile, even though some witnesses do not want to attend court, there have been cases where witnesses were not even informed of where and when they are to attend court; this Kennard said is an indictment.
Kennard added that “a telephone can easily be used to contact witnesses”.
He also made clear that failure to do so should definitely result in the prosecutor being charged with neglect of duty.
One of the most recent of dismissed cases involved 35-year-old truck driver Sewcharran Persaud Ugraj, who was killed in an accident on Sheriff Street, in Georgetown.
Unfortunately, the fears of his relatives ended up a reality, and justice was indeed not served.
Despite the case being called on several occasions, neither the eyewitnesses nor the police showed up to testify when the matter was being heard in the Georgetown Magistrates’ Court.
The family, via Kaieteur News, pleaded to witnesses and police to come forward and assist them in their quest for justice. This was done in March, and the matter was called again in May.
But no one would come forward, and Chief Magistrate, Priya Sewnarine Beharry finally dismissed the case.
Ugraj, of 162 Mon Repos  Pasture, East Coast Demerara was killed when a Toyota IST bearing license plate number PMM 1094,  slammed into him as he stood on Sheriff Street around 04:30 hours on June 26, last year.

Reports had indicated that the car, driven by Photographer Delano Williams, who had just left the Buddy’s Nite Club, was headed north along Sheriff Street when Williams, lost control of the car and swerved into Ugraj who was standing on the eastern side of the road, near Angee’s Boutique.
Ugraj was hurled a few feet away and died, while the driver and his car landed in the trench just outside the Redeemer Lutheran church at the corners of Pike and Sheriff Streets.
A post mortem conducted the day after the tragedy, revealed that Sewcharran died from multiple injuries, including a broken leg, neck and fractured skull.
A press release issued by the Guyana Police Force Public Relations Office (PRO) hours after the incident, read that an investigation had revealed that the driver of the motor car was driving at a fast rate when he lost control of the vehicle and struck down the pedestrian.
Kaieteur News understands that the driver had been tested with the use of the breathalyzer and his alcohol content at the time was found to be over the legal limit.
Williams, who was charged with causing the death of Ugraj by dangerous driving and driving under the influence of alcohol, pleaded not guilty and was released on $350,000 bail.
This was after his attorney, Nigel Hughes, requested bail for his client claiming that he has never been in trouble with the law before. That is when bail was granted by the Magistrate.
As Ugraj’s family remains grief-stricken, there are many other families mourning not only the loss of their loved ones, but the fact that the justice system has failed them.
Ever since the accident, Ugraj’s wife has been mentally and emotionally unstable. She and her three-year-old daughter and five-year-old son are being supported by her parents and in-laws.
Father’s Day was yesterday, and the Ugraj’s children remain distraught as their father “went out and never came back”.
“It is a sad day for awe. We pickney get murder and we continue to suffer while the accused free as a bird,” a relative said.

---

---