Latest update December 17th, 2024 3:32 AM
Magistrate to comply with directions of DPP and commit “Grey Boy” for murder
-pending the hearing and determination
Principal Magistrate Judy Latchman was on Thursday told by Justice Dawn Gregory an appeal judge that she will have to comply with the ordered of the Direction of Public Prosecution (DPP) and commit Regan Rodrigues called ‘Grey Boy’ to stand trial in the High Court for the murder of political activist Courtney Crum-Ewing.
This ruling comes months after the Magistrate was ordered by Justice Brassington Reynold to comply with the directions of DPP.
The Magistrate after being ordered by the Judge appeal the matter citing that DPP cannot interfere with her judicial work.
The Magistrate had argued that any law which seems to give the DPP that power is clearly an interference with the independence of the judiciary and such law ought to be declared null and void.
She is being represented by Attorney-at-law Arud Gossai. The lawyer in an interview with this publication stated that the Court of Appeal agrees that the issues raised by the Magistrate in her appeal are extremely important and will be given a full hearing.
The court further opined that the committal of Rodrigues will not affect the appeal by the Magistrate.
This ruling comes months after the Magistrate discharged Rodrigues of murder.
Her reason was insufficient evidence.
Particulars of the charge against Rodrigues are that on March 10, 2015 at Diamond, East Bank Demerara, he murdered Crum-Ewing.
The lawyer disagrees with the ruling of the Judge as they believe that a direction from the DPP to the Magistrate to commit an accused person to stand trial is a clear interference with the independence of the judiciary.
Article 122 of the Constitution is extremely clear on this point of interference with the judiciary. The lawyer argues that the DPP cannot interfere in the judicial determination of the Magistrate.
Attorney Gossai added that the DPP herself failed to follow the procedure set out in section 72 of the Criminal Law Procedure Act as she did not request the notes from the Magistrate as she was required to do under the said section 72.
The DPP did request the notes after the first discharge but she did not request the notes after further evidence was taken.
During the Preliminary Inquiry (PI), Magistrate Latchman ruled that while the court was satisfied that Crum-Ewing was shot with a gun retrieved from a house at Riverview, Ruimveldt which was occupied by Rodrigues, there was no evidence that Rodrigues “used the gun, pulled the trigger and shot Crum-Ewing.”
Crum-Ewing died as a result of haemorrhage and shock due to multiple gunshot wounds.
This was supported by the evidence of Government Pathologist Dr. Nehaul Singh who testified that Crum-Ewing received five gunshot wounds- one of which was at close range.
The Magistrate said that the court believed that Crum-Ewing died as a result of gunshot wounds.
Fourteen oral statements given to police by Rodrigues were admitted to form part and parcel of evidence in the matter by Magistrate Latchman.
However, the Magistrate ruled that these oral statements did not implicate Rodrigues in the murder.
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It’s not clear whether the DPP has that judicial authority to order a presiding Magistrate in any case after it has left the DPP chambers..a preview of the evidence shows that Blue Boy had some complicity in the Murder since the murder weapon was found in his possession..In the absence of direct evidence that Blue Boy was the actual trigger man…then there should have been a substitute charge of “conspiracy to commit murder”..and not murder direct.There would be no double jeopardy if the charge is substituted..