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CCJ’s holds first itinerant sitting in Guyana
The Caribbean Court of Justice yesterday commenced its first ever itinerant sitting in Georgetown, Guyana, at the National Conference Centre, Liliendaal, East Coast Demerara.
Sanjeev Datadin
The sitting panel of Judges included President of the CCJ, Justice D. Byron, Justice D. Hayton, Justice J. Wit, Justice W. Anderson and Justice A. Saunders.
An Application for Leave to Appeal was filed by Attorneys-at-Law Sanjeev J. Datadin and Charles S. Ramson on behalf of their clients Paul Lashley and John Campayne (the Applicants). Assistant Director of Public Prosecutions Sonia Joseph represented the State.
The applicants were charged in June 2012 with breaking and enter and larceny. There was a trial in the Magistrates’ Court before Chief Magistrate, Priya Beharry.
In December 2012, it was found the applicants were guilty and were sentenced to four years’ imprisonment. The Court of Appeal in July 2013 dismissed their appeal against conviction and sentence.
Datadin, on behalf of the applicants, outlined that the court had discretion to grant Special Leave to Appeal against the decision of the Court of Appeal. Datadin further went on to argue that the trial against the applicants was manifestly unfair and resulted in an egregious miscarriage of justice because of the incompetence of the Counsel who conducted the trial on behalf of the applicants in the magistrates’ court.
Datadin further argued in the alternative that the sentence imposed was too severe. The Judges of the Court asked Mr. Datadin whether probation reports are usually obtained by the Court in Guyana before sentence is passed and Datadin replied, “In my experience it happens; but it is more the exception rather than the rule”.
Charles Ramson
Ms. Sonia Joseph, who responded on behalf of the state and contest the appeal, was without merit. Joseph said that the court was not empowered to grant special leave to appeal and that leave to appeal had to be granted by the Court of Appeal of Guyana. The matter is fixed for decision today at 10:00 am.
Datadin said that he was pleased that the Court was giving its ruling in such a short time but would not be drawn into what he thought the decision would be. Ramson remarked that it is indeed an important and historic day for Guyana and the Caribbean Court of Justice.
The presence the CCJ certainly amplifies the perception of justice and demonstrably crystallizes credibility in the CCJ functioning in the way as it was intended. Ramson invited and urged all other remaining CARICOM countries to ratify and implement the decision to make the CCJ their final court – national and regional issues ought to be decided by national and regional courts.
President of the CCJ Justice D. Byron on his way to the courtroom yesterday.
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