Latest update January 18th, 2025 5:32 AM
Sam Hinds Jr., sentenced to prison
City Magistrate, Annette Singh, has sentenced, Sam Hinds Jr., son of former Prime Minister, Samuel Hinds, to two months in prison on an indictment of unlawful wounding and ordered him to pay a $10,000 fine on a threatening language charge.
Samuel Hinds Jr
The ruling was handed down yesterday at the Georgetown Magistrates’ Court. However, Hinds was granted $50,000 bail, pending an appeal of the sentence. The request for bail by his Attorney, Peter Hugh, was also granted by Magistrate Singh.
Hinds had been embroiled in a criminal proceeding in relation to an altercation he had with his teenaged sister-in-law, last year. According to the facts of the case, Hinds, had accused the then 18-year-old sister-in-law, Tenza Lane, of stealing one of his cellular phones.
He flew in a fit and, brandished a gun, trashed and threatened to kill her at his Lot 83 Duke Street, Kingston residence on February 27, 2014. He was found guilty, following some 11 months of trial in the Magistrates’ Court.
However, the decision to sentence Hinds did not prove to be a simple task for the Court; there has been much controversy between Judicial Officers on how judgment would be handed down on the son of a former political leader.
Magistrate Geeta Chandan-Edmonds, who had initially conducted the trial, was even dismissed from duty, prior to sentencing Hinds. Chandan-Edmonds was expected to rule with the aid of a probation report. The report was never provided and she was dismissed by the Judicial Service Commission, (JSC). The JSC cited absenteeism among their reasons for sacking the Magistrate.
The case was subsequently assigned to Magistrate Annette Singh. She expressed uncertainty on how to proceed with the matter and had sought directions from the High Court, on how to proceed.
Last week, High Court Judge Navindra Singh ruled that there is no legal barrier preventing Magistrate Annette Singh from imposing a sentence on Hinds. Justice Singh stated this, in response to legal challenge by Hinds’ Attorneys, Peter Hugh and Latchmie Rahamat.
The Attorneys had approached the High Court requesting an order to stay any further prosecution/adjudication of the criminal charges filed against their client. They had argued that the court was in violation of their client’s fundamental right to a fair hearing within a reasonable time guaranteed under Article 144 (1) of the Constitution.
The lawyers also claimed that the undue and unreasonable delay by the State to complete the matter is through no fault of Hinds and has operated to the detriment of his case, given that some of his witnesses are no longer willing/available to him.
However, in response to the claims, Justice Singh noted that there has been no breach of the applicant’s rights under Article 144(5) of the Constitution of Guyana and based on the circumstances of the present case, a plea Autre fois convict (acquittal) would not be available to the applicant.
He said that this is purely academic “Obiter Dictum,” since there was no breach of the applicant’s right under Article 144(5) of the Constitution of Guyana nor does there exist any legal barrier preventing Magistrate Singh (from) proceeding to sentence.
The Judge held that as a matter of public policy, it would be wholly unacceptable and would in fact endanger the lives of members of the Judiciary should the law be that persons cannot be sentenced by a court, if the Judge/Magistrate becomes “ unavailable “ between finding of guilt and sentencing while awaiting the production of a probation report.
Justice Singh noted, too, that it is the court’s view that there has not really been any substantive delay in the trial of the cases.
“In fact, based on the applicant’s submission, the taking of the evidence was completed in both matters within 90 days of the charges being read,” the court document read.
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