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Jan 11, 2013 Letters
Dear Editor,
I am following a story of several allegations against five young men, one of whom I know personally, and know that the charges against him are untrue and unjust.
In one of the proceedings, the Magistrate was very disturbed by one of the police witnesses who was clearly lying on one of the accused. As the matter proceeded, and to everyone’s surprise, the magistrate threatened to discharge the case against them, but also stated that the police can immediately re-arrest them and re-charge them, and they will have to go through the trial again; that is, without new evidence. These same men were discharged on other charges in another court.
Four months later, the Director of Public Prosecution (DPP) sent and ordered the Magistrate to indict them to face a High Court trial.
No new evidence was found. The Magistrate expressed her dissatisfaction, but stated that she had orders from the DPP which she had to follow, or would face the consequences.
On behalf of myself and thousands of other Guyanese who share the same views about our unfair judicial system, we would love to hear the views and advice of some of our country’s brilliant minds, e.g.- Judges, Magistrates, lawyers and our Attorney General, the AFC and APNU, and anyone else with the knowledge of the laws of Guyana, to kindly shed some light on these few questions:
-Is the position of the Director of Public Prosecution higher than that of a Magistrate?
-Is a Magistrate’s final decision not respected and acknowledged?
-Can the police recharge someone for the same offence without any new evidence, after that person or persons are discharged by the Magistrate?
We are looking forward for some early answers.
Mrs. A. Khan
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