Russian Roulette shooting of teen…Cadet Officer remanded, Constable on bail

Jun 10, 2014 News

---

…police constable released on bail for perverting course of justice

By Sunita Samaroo
Two members of the Guyana Police Force were yesterday hauled before the courts and formally charged in relation to the case

of a 16-year-old boy who was recently shot in his mouth whilst in police custody.
Following a six-week probe, Cadet Officer Franz Paul was taken at the Georgetown Magistrates’ Court along with his colleague, Police Corporal Baichan Singh, to face several charges which stemmed from the incident.
The case was first called before Chief Magistrate Priya Sewnarine-Beharry but moments after chastising ranks for filing the case after the allotted time, it was transferred to Magistrate Fabayo Azore.
The silent courtroom was filled to capacity with other police ranks, lawyers, court staff, the victim, his mother and other relatives, as well as family members of the accused.
Standing along with his colleague in the prisoners’ dock, Cadet Officer Paul, the lawman believed to be behind the gun, faced charges of inflicting grievous bodily harm, discharging a loaded firearm with intent, and common assault.
He was also charged, along with Singh, for conspiring to pervert the course of justice.
The Cadet Officer was accused of discharging a loaded firearm at Alex Griffith on April 30, last, in Georgetown with intentions to maim, disable, disfigure or cause grievous bodily harm to him.
It is also alleged that he unlawfully and maliciously inflicted grievous bodily harm as well as assaulted the teen.
He and Corporal Singh were charged for conspiring with each other, on May 1, at Georgetown to pervert the course of justice.
The charges were at first laid indictably. However, following the granted request of Director of Public Prosecutions Prosecutor, Inspector Stephen Telford for the Administration of Justice Act (AJA) to be applied to the charges, both men pleaded not guilty to the charges and submitted bail applications through their lawyers.
Telford explained that Paul and Singh are currently serving members of the Guyana Police Force.
He said that on April 30, last, Singh’s sister was robbed and he took her to the police station to make a formal report of the incident. Based on information received, Griffith, who was 15 at the time, was arrested by a party of police headed by Paul.
The Prosecutor explained that it was during the process that the Cadet Officer placed a firearm in the teen’s mouth and shot him. The victim, he said, was taken to the hospital by Paul where he was admitted as a patient.
Telford indicated that a report was made to the police and an investigation was launched.
During the investigations, whilst Paul was under close arrest, Corporal Singh took the Mahaica Police Station Firearms and Ammunition book to him for him to alter the entries therein, the Prosecutor said.
“Paul refused. But I must state that prior to Corporal Singh taking the book, Cadet Officer Paul did call requesting him to do so.”

The Inspector said that the investigations were completed and legal advice was sought, hence the charges were instituted against the two lawmen.
The Prosecutor urged the court to consider the seriousness of the allegations and that both lawmen had made efforts to pervert the course of justice.
“I’m asking the court to take seriously that an attempt was made to pervert the course of justice. If granted bail, there is a likelihood that they would attempt to interfere with the witness.” He said that an effort was already made in that regard.
Inspector Telford opined that the accused lawmen would make attempts to flee the jurisdiction through the country’s “porous borders”.
In response to an application for the matter to be dealt with expeditiously, he asked the court to set the next hearing for June 30.
“Your Worship, I am currently in possession of forty five statements so I am asking for June 30 so I would have an opportunity to peruse them.”
His application was, however, met with several objections from the defence which comprised Attorney at Laws Roger Yearwood, Arune Gajraj and Keisha Chase.
Yearwood said that his client, the Cadet Officer, who has been a member of the police force since 2008, currently resides at Lot 159 Freeman Street, East La Penitence with his common law wife.
He argued that the Prosecution was misguided in its objections to bail. The lawyer said that consideration should be given to fact that the offences for which his client is charged are bailable.
He contended that his client was not a flight risk and urged the Magistrate to consider that Paul was on open arrest since the incident in such that he was permitted to leave Eve Leary, the place where he was being held.
The lawyer claimed that his client has never attempted to leave though he had opportunities to do such. “My client intends to come to court to defend the charges,” Yearwood insisted.
Yearwood asked for bail to be granted in a reasonable sum since his client is from “a grossly underpaid profession in this country”.
Gajraj told the court that Corporal Singh is a 31-year-old father of one who has been serving the force since 2003 and had an unblemished record.
Gajraj contended that his client does not pose a flight risk since, in relation to this charge, he has been cooperating fully with the police.
“My client lives in the Beterverwagting Police Station compound. When both defendants were advised that they were needed in court, they dutifully attended. They did not attempt to flee.
“The allegation that they are flight risks is illogical. If the court is perhaps inclined, then they will both lodge their passports.”
He argued too that at the stage of bail application, consideration should only be given to whether the offence is summary or indictable. He claimed that “seriousness” only exists as a consideration for sentencing, not for bail application.
“Seriousness,” he said, is not a valid objection to bail.
Continuing, he asked the Magistrate to consider reasonable bail for Corporal Singh since the “due process” was followed and in his estimation the Prosecution has raised no grounds of objection to him being granted his pretrial liberty.
Magistrate Azore said that for the charge of attempting to pervert the course of justice, bail will be in the sum of $150,000 to both defendants. She granted bail to Paul on the common assault charge to the tune of $75,000.
She, however, refused bail to Paul for the inflicting grievous bodily harm and discharging a loaded firearm with intent allegations. The case will be called again on June 30.

---

---