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Two men on attempt murder charge freed
Wanted man: Joel Grannum
Two men who were on trial in the Berbice High Court before Justice Priya Sewnarine-Beharry and a mixed jury on a charge of attempted murder have been freed since the indictment has been quashed.
The men are Joel Grannum, 30, of Samaroo Dam, Pouderoyen, West Demerara, and Edinburgh, East Bank Berbice; and Bharat Madray, 30, of Shieldstown, West Coast Berbice. They were accused of attempting to murder 17-year-old schoolboy Bramdat Singh, Jr. called “Ronald”, of Lot 5D Bush Lot Public Road, West Coast Berbice.
The boy was shot and injured during a robbery around 6:30 hrs on March 2, 2015. Attorney-at-law Murseline Bacchus represented Madray while Grannum was unrepresented. Attorney-at-law Mandel Moore represented the state.
The men were committed to stand trial at the completion of a preliminary inquiry conducted by Magistrate Rhondell Weaver in the Blairmont Magistrate’s Court.
Before the matter began, Attorney Bacchus challenged the indictment on the grounds that it was bad in law and should be quashed. He cited a number of authorities to support his submissions.
He told the court that following the committal of the two men on 28th February, 2017, the Director of Public Prosecution (DPP) by way of letter dated the 31st May, 2017 instructed the Magistrate to reopen the case.
Bacchus noted that on 17th July, the Magistrate on the direction of the DPP re-opened the case at which time Grannum was absent. The matter was called on a number of occasions after and on all occasions Grannum was absent.
On 15th November, 2017, the Magistrate wrote the DPP for further directions. The matter continued to be adjourned and on 14th December, 2017, the DPP wrote the Magistrate withdrawing her direction to re-open with a view to commit.
On 22nd January, 2018 Magistrate Weaver referred to the DPP letter of withdrawal and stated that, “Accordingly, the accused persons were committed since 28th February, 2017.
Bacchus submitted that Section 77(1) of the Criminal Law Offences Act gives the DPP the power to remit a case to the Magistrate to re-open. He contended that Section 77 (2) of the said Act states that when that occurs the committal is by that Sub-section set aside.
As such, Bacchus contended that the men could not have been committed since that committal was set aside.
Prosecutor Mandel Moore, in written submission, contended that the committal was proper and should stand.
Justice Beharry, after listening to the submission, ruled that the indictment be quashed and as such discharged the case.
The police had recovered three spent shells and one live .32 rounds.
During the Preliminary Inquiry, 10 witnesses testified including eight policemen. The case was prosecuted in the Magistrate’s Court by Corporal Rochelle Mars.
The men were accused of robbing Bramdat Singh Sr. called “Rajesh”, a gold smith of 1000 penny weight of gold valued at $7.4M and $500,000 cash. This occurred at Rosignol, West Bank Berbice.
The man and his son were in the process of setting up his stand at the Rosignol Market, West Bank Berbice. The younger Singh was outside of the stand when the two bandits who were armed with handguns approached and demanded the bag.
After the elder Singh resisted, one of the bandits shot his son through the jaw. The man then let go of the bag. The bandits then made good their escape with the bag, which contained the cash and jewellery.
At the time of the shooting, the teen was a fifth form student preparing to write his CESEC examination. He was picked up and rushed to the Fort Wellington Hospital before being transferred to the New Amsterdam hospital where he was admitted for emergency treatment.
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