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US-based Guyanese to face new PI
…as CJ quashes murder committal
Chief Justice Ian Chang has quashed a murder committal against a US-based Guyanese, paving the way for a new preliminary inquiry (PI) to be conducted.
Ramdhani Persaud
This follows a successful petition to the High Court by Attorney at Law Mursaline Bacchus on behalf of his client Ramdhani Persaud for an order Nisi to compel Magistrate Adela Nagamootoo and the prosecution to show cause why a murder committal should not be quashed.
The order has been made absolute by Chief Justice Ian Chang, which means that Persaud who had been committed to stand trial in the High Court on the charge of murder committed on his wife, will have to undergo a new Preliminary Inquiry.
Forty-eight year-old Persaud called ‘Prakash’ or ‘Prak’, of 1071 New Area Canefield, East Canje, is accused of murdering his wife Bibi Shameena Deen on March 20, 2012 at their home.
Persaud is alleged to have shot dead the woman during a dispute.
The man in an affidavit in support of his move to the High Court, stated that he had appeared before Magistrate Adela Nagamootoo at the Reliance Magistrate’s Court where 15 persons testified during a preliminary inquiry. Persaud also stated that the committal was “unlawful and contrary to law, in breach of natural justice, unreasonable. It was made without any evidence or sufficient or admissible evidence and irrational”, and there was also no evidence upon which the applicant could have been committed to stand trial.
After first perusing the matter, the Chief Justice had granted the Order Nisi of Certiorari directed to Magistrate Nagamootoo, the Director of Public Prosecution and the Commissioner of Police or his subordinates to show cause why a Writ /Order of Certiorari; should not have been issued against them to have the matter quashed on the grounds that it was bad in law.
After perusing arguments in response by Director of Public Prosecutions Shalimar Ali Hack, the order was made absolute and Persaud is to face a new Preliminary Inquiry before Magistrate Shurdel Isaacs Marcus at the Reliance Magistrate’s Court.
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