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Chief Magistrate dismisses case due to prosecution’s failure to file statements

May 11, 2013 News

Yesterday, Shawn Yhap, who was charged with simple larceny, walked out of court a free man.
After five adjournments, it transpired that not a single statement was filed for the commencement of trial and as such, the defendant who has been held in custody for the past two months, was released.
In spite of the five opportunities which would have presented themselves for the filing of statements to be done, the prosecution revealed to the court that the reason for this delay was that the defendant had other pending matters before other courts but this reason, as  explained to this newspaper, was deemed  “illogical”.
Owing to the fact that in any matter, both defendant and the virtual complainant deserve a speedy trial, the grounds for the dismissal of this case prompted investigations into finding the root cause of the delayed filing of statements.
Many defendants as well as complainants have complained about the drawn out process involved in the filing of statements. “We have lives. It is frustrating having to put off so many things in our daily routine just to attend court only to hear that statements are not filed. It is frustrating.”
Moreover, this newspaper was made to understand that the fault of delayed filing of statements is not entirely the fault of the Prosecutors of the Magistrates’ courts.
Kaieteur News was told that when cases are filed, they are taken to the Brickdam Police Station where they are lodged. It is then expected of the Prosecutors to relate to the investigating ranks what is required for the next court hearing.
Though it is the responsibility of the investigating ranks to document the statements, it was further explained that in many cases, this is not carried out and the “work load” falls upon the shoulders of the Prosecutors.
Kaieteur News was told that the Prosecutors are supposed to double check with investigating ranks in order to ensure that the statements of witnesses, for example, are prepared and ready for trial. If a circumstance presents itself that the investigating ranks or Prosecutors are unable to file the statements for the next court date, it is their sole responsibility to provide the court with substantial reasons for not being able to present the required statements, and this as explained, is “hardly ever done.”
“The objective of the court is to expedite and hear the matter. Not because the police are inefficient the court has to be inefficient. There are even cases where the police are expected to summon the virtual complainant and they don’t even do that.”

 

 

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