Latest update November 17th, 2024 1:00 AM
Jan 12, 2013 News
Lawyer to file High Court proceedings on policeman’s behalf
A police Constable, a former policeman and another man, were on Thursday freed on a charge of Robbery with aggravation.
Policeman Colin Jonas, of Canje; former colleague Satish Rajnarine, of Orealla; and another man, Marvin Samaroo, of Cumberland, East Canje, Berbice who were charged with robbery with aggravation committed on businessman Ramesh Kalicharran of Grant 1805, Crabwood Creek, Corentyne, Berbice on December 23, 2009, were freed by Magistrate Fabio Azore before whom they appeared at the Whim Magistrate’s Court more than two years after they were charged.
The men were on $300,000 bail each. Jonas was represented by attorney at law Mursaline Bacchus, Samaroo was not represented while Rajnarine was never arrested.
The case for the prosecution as presented by prosecutor Corporal Shurland King was that around 20:00 hrs on the day in question the two men allegedly entered the shop operated by the Kalicharrans under the pretext of making a purchase.
Kalicharran, 53, was in the shop when the two men entered, and as he was in the process of handing them the drinks, he was allegedly handcuffed and ordered to hand over his belongings. The businessman complied after which the men fled.
During the night the police stopped a motor car at Number 76 village with two men inside. The men who were allegedly identified as Jonas and Samaroo were arrested and taken to the Springlands Police Station. Files were prepared and taken to the DPP for advice and the men were later charged.
In his submission Attorney at Law Mursaline Bacchus had submitted that there was no case for his client to answer, since there was no evidence to implicate him in the crime. The learned attorney at stated that the evidence of identification was weak. He said that no identification parade was held. He stated that the witnesses had mentioned that he never knew the accused before thus necessitating an Identification parade.
Mr. Bacchus had also stated that his client was held at the station and the witness saw him in custody. This was not permissible by law for one to make an identification.
The Magistrate, after listening to the submission by Bacchus, concurred with the defence and dismissed the case against the men.
The attorney has since indicated that he will be moving to the High Court to begin legal proceeding against the Guyana Police Force and the Government of Guyana on a number of points so as to recoup benefits his client has lost.
The case was tried before three Magistrates at two different courts and after more than a year before Magistrate Krisendat Persaud, at the Springlands Magistrate’s Court it came to an abrupt end without a decision. Jonas had subsequently written to a number of persons including the DPP.
The matter restarted after a while before Magistrate Azore.
Jonas was dismissed from the force on December 29, 2009 under section 35(1) of the police act chapter 16:01 without receiving his entitlements.
His former colleague (Satish Ragnarine) who hails from Orealla who was implicated in the murder committed on Emron Hoossein, on the 12 April 2004. Ragnarine had escaped from custody and had fled to Orealla, but was later recaptured and brought to trial.
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