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Lawyers want judicial review of Essequibo businessman’s killing
Kaieteur News – Attorney-at-law, Nigel Hughes yesterday revealed plans to file legal proceedings to challenge the decision of the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC, to institute a manslaughter charge against the cop who allegedly killed Essequibo businessman, Orin Boston.
Attorney-at-law Nigel Hughes.
Last week, police constable Sherwin Peters, 32, of 1869 Central, Amelia’s Ward, Linden, made his first court appearance for a manslaughter charge, almost four months after the businessman was shot and killed during a Special Weapons and Tactical Service Unit (SWAT) operation at his Dartmouth, Essequibo Coast home.
Attorneys-at-law, Hughes and Konyo Sandiford, had applied as a party of interest for Boston’s family in the matter.
As such, yesterday, in the compound of the Diamond/Grove Magistrate’s Court, Hughes was asked by a reporter if he thinks the manslaughter charge for Peters is acceptable. Hughes replied, “I strongly condemn the decision of the Director of Public Prosecutions to institute manslaughter charge, we are not going to leave it there. We will commence proceedings, prerogative proceedings to review that decision with a view to seeking an order of the court, directing her to charge the defendant with murder.”
He noted that the basis for challenging the DPP’s decision is because they have statements, which confirm Boston was murdered. Hughes added that the only thing they did not have was the name of the rank that allegedly shot and killed Boston in his bed.
Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC.
In fact, the lawyer stated that now that they have the rank’s name, one of two things will happen, “either we will file criminal charges for murder against the police officer or we will bring a judicial review proceedings against the Director of Public Prosecutions to quash her decision to charge for manslaughter and not murder.”
Hughes noted that he believes that the standard operating procedures of the Guyana Police Force (GPF) were breached during the operation that Boston lost his life. To this end, he added that he believes that apart from the rank that reportedly shot and killed Boston, the head of the team is also criminally liable and culpable. As such, he noted, that there should be additional charges since there was no explanation to date as to why the SWAT team left their designated mission to go to Boston’s house, a man who had no previous antecedents or any history with the police.
“They entered his premises, heavily armed with ARS and other automatic weapons, and then discharged a round at him while he was in a lying position in his bed…,” the lawyer highlighted.
Dead, Orin Boston.
Kaieteur News had reported that on January 14, 2021, Peters appeared via Zoom from the Georgetown Magistrates’ Courts before Magistrate Esther Sam. He was not required to plead to the indictable charge that was read to him and the police prosecutor made an objection to bail being granted to the defendant, based on the ground that a life was lost.
However, bail was set at $1 million and the matter was adjourned to February 1, 2022.
Around 04:00hrs on the day of the killing, the accused was part of a team that was reportedly conducting a police operation for ‘illegal substances’ at Boston’s Dartmouth, Essequibo Coast home. Boston, who was reportedly still on his bed at the time of the shooting, was shot once to the chest by a high calibre rifle. An autopsy report, which followed revealed that Boston died as a result of a gunshot injury to the left side chest.
The killing could not have been justified by police thus the rank was placed under close arrest. In protest to the shooting, residents had mounted protest action on the Essequibo Coast.
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