2010 faeces attack on Freddie Kissoon trial…Prosecutor fails to serve attorneys with statement from main witness

Aug 09, 2016 News

-Attorneys contend abuse of process

The failure of Police Prosecutor Kerry Bostwick to serve a statement given by Frederick Kissoon in relation

Shawn Hinds

to the 2010 assault on him, to the Attorneys representing Kwame McCoy, Jason Abdulla and Shawn Hinds forced the trial into an adjournment.
The trial commenced yesterday, before City Magistrate Judy Latchman in the Georgetown Magistrates’ Courts.
It is alleged that on May 24, 2010 in Georgetown McCoy, Abdulla and Hinds assaulted Kissoon, a newspaper columnist.
The trio allegedly walked up to Kissoon and instigated the throwing of faeces in Kissoon’s face after he emerged from the Nigel Supermarket, Robb Street, Georgetown. It was reported that Abdulla and Hinds confessed to the crime while in custody. McCoy is said to have remained silent.
Kissoon was scheduled to testify following testimonies from two policemen. However, his testimony was deferred after the Attorneys raised objections about them not having copies of Kissoon’s statements.
Attorney Latchmie Rahamat is representing McCoy; Attorneys Euclin Gomes and Glenn Hanoman are representing Abdulla; Hinds is being represented by Attorney George Thomas.
Attorneys Glenn Hanoman and Latchmie Rahamat argued that the failure of the prosecution to serve them with the statement is an abuse of process.
“It’s a common assault matter that has been brought indictable six years after the event. After we have spent so much time before the court at this late stage, the prosecutor is now asking for a statement to be now served,” Hanoman said.

Newspaper Columnist, Frederick Kissoon

He added that Bostwick’s request is an insult to the court and certainly an abuse of process since the virtual complainant is Freddie Kissoon. He stated that unless the prosecutor provides the court with a satisfactory excuse, he should not be granted time to have the statement disclosed.
According to Rahamat, the prosecutor had ample time to serve statements in the matter since the charge against the defendants was filed in February. She pointed out that since the matter has been engaging the court, the prosecutor was granted time to serve statements.
Latchmie said that when Bostwick was given leave to serve statements, he did not indicate at that time that any statements for witnesses in his case had not been filed.
“In fact, our constitution says that we (the lawyers) are entitled to the facilities to prepare our defence. And this is not regular disclosure. This is a requirement by law having applied the Administration of Justice Act (AJA) even though we (the lawyers) were asking for a Preliminary Inquiry (PI).”
Rahamat said that Kissoon’s statement forms an integral part of the evidence for the lawyers to prepare defences.
Attorney Thomas shared similar sentiments to those of his colleagues. He argued that the prosecutor gave the court no explanation for not providing the statement. Thomas added that Kissoon’s statement should have been the first one given to the defence because he is the virtual complainant in the case.
In response to these contentions, Prosecutor Bostwick said that he did not deliberately withhold the

Kwame McCoy

statement from the Attorneys. He explained that the statement is in the case file but might have been overlooked by the clerk who photocopied the other statements.
Bostwick added that he has all intentions of serving the defence with the statement. He said that the late disclosure will in no way affect the defendants’ case because once the statement is served, the lawyers will be granted time by the court to prepare their cases.
Magistrate Latchman granted Bostwick time to file the statements. She said that she will also allow the Attorneys the opportunity to recall the police witnesses for further cross examination.
The statement was given to the defendants yesterday afternoon.
The trial has been adjourned until August 23. (Feona Morrison)

1 thoughts on “2010 faeces attack on Freddie Kissoon trial…Prosecutor fails to serve attorneys with statement from main witness”

george wiltshire August 9, 2016 at 1:28 pm

I am not wishing you good luck. I am praying that those who perpetuated the act be given a long time in the prisons and the planner be brought to the fore. These are merely foot soldiers.