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Former murder accused gets justice against State for three year delay in trial

Oct 16, 2017 News

Justice Simone Morris-Ramlall recently ruled that the State was in breach of the Constitutional rights of former murder accused, Basil Morgan.

Morgan, who was represented by Attorney-at-Law Lyndon Amsterdam, had filed a motion on November 21, 2016, claiming that his Constitutional right to a fair trial within a reasonable time as guaranteed by Article 144 (1) of the Constitution was breached by the State. The State was represented by Attorney-at-Law Judy Stuart-Adonis.

Morgan was indicted to stand trial in the High Court for murder since October 24, 2014 by Chief Magistrate Ann McLennan.

He also alleged that after his committal for murder, the Director of Public Prosecutions, Shalimar Ali-Hack indicted him to stand trial for five other offences being setting fire to building, attempted murder, two counts of discharging a loaded firearm, two counts of wounding and unlawful possession of ammunition.

Morgan was arrested on December 10, 2010 and charged for the murder of Wodette Roberts, who was killed on the Soesdyke Highway. It was alleged that Morgan was part of a group of men who were pretending to be police officers. The men subsequently stopped a gold-coloured Tacoma in which Roberts was travelling, along with Roopchand, Gopaul and Shawn Pemberton. The passengers were on their way to Frenchman in the Interior.

It was also alleged that Morgan and company tied up Roberts, Gopaul and Pemberton, and hijacked the Tacoma. Roberts however suffocated and was found dead the next day, November 4, 2009.

After hijacking the Tacoma, the men had allegedly attempted to set the High Court on fire, fired shots at the Brickdam Police Station as well as the East La Penitence Outpost. Following police investigations, Collin Jones, Randy Mars, Jahfar Simpson, David Watson and Basil Morgan were charged for murder and setting fire to a public building.

The other four accused had pleaded ‘guilty’ to the lesser offence of manslaughter, setting fire to a building, attempted murder, discharging a loaded firearm, possession of guns and ammunition, and were sentenced to various periods of imprisonment by Justice Navindra Singh earlier this year.

Morgan on the other hand, maintained his innocence and was found ‘not guilty’ of murder before Justice James Bovell-Drakes, who on August 7, 2017 directed the jury to formally return a verdict of ‘not guilty’ after he ruled that there was no evidence to support the charge of murder against Morgan.

Morgan had however filed a Constitutional Motion against the Attorney General of Guyana claiming that there was substantial delay in affording him a Trial and this had resulted in his Constitutional Right to a fair Trial in a reasonable time being breached. He also asked for remedy under Articles 139 and 153 of the Constitution.

In her ruling, Madam Justice Ramlall found that the State had failed to explain why Morgan had not been afforded a trial on the offences, even though he was indicted by the Director of Public Prosecutions for these Offences since October, 2014 and having been on remand since December, 2010.

As a consequence, she directed that the State affords Basil Morgan a trial for the other Offences by the January 18, 2018, failing which all the other charges against him shall be stayed.

Justice Ramlall also ordered that in accordance with Article 139 (3) of the Constitution that Morgan be granted bail for the other offences in sums which amounted to $500,000.00.

He was also instructed to report to the Ruimveldt Police Station every Friday at 10am, except on days which he may be required to attend Court.

Kaieteur News understands that the State was ordered to pay costs in the sum of $200,000 to Morgan.

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