Is this nation going to ask for the magistrate’s instant dismissal?

Jul 19, 2022 Features / Columnists, Freddie Kissoon

Kaieteur News – A man spent 15 years (a year is nine months in the procedural make-up of the prison system) on remand for murder. He was freed by a judge last week. Then the horror story began.

Here is what is included in the DPP’s reaction to the judge’s decision. One – He was charged in 2014. The DPP received the deposition in 2015. The DPP sent back the file to the magistrate to “correct several material irregularities and omissions on the part of that officer.” Interestingly “that officer” means the magistrate but the DPP chose not to be specific.

Two – Additional evidence was requested in 2020 and 2021 but it was not forthcoming. So the DPP did not indict the man for murder. So he spent 15 years without being indicted for murder. Within a six-year span, no evidence was supplied to the DPP.

Why this man was treated this way? He is an Amerindian that comes from the class of the poor and powerless. If he had a lawyer, an application would have been made for his release because there was no indictment. This is how poor people are treated in this country by the rule of law, the public service, the University of Guyana, the commercial banks, the police, etc.

Here is a story that happened recently. My nephew’s girlfriend called to say my nephew was at the police station. He was a security rank that handed over duty at 6 PM to the next guard. It is alleged that paint was stolen on the site and my nephew was hauled in. I arrived at the station and was allowed to speak to my nephew.

A witness said they saw men moving the paint at 3 in the morning. So I asked the station officials where the guard is that was on duty that early morning. Why is he not at the station? Here was the answer I was given. They are looking for him. So they are looking for the guard that may be the guilty one but my nephew was at the station the entire day.

I simply told the station officials I was going to high, high authorities in the police force if my nephew was not released and told to come back when the other guard is secured. We never heard back from the police. Why? Because they know that would not have been the end of it if they persisted. If I wasn’t there, he would have been charged.

Do you know how many persons like my nephew ended up wrongfully in jail? Read this. When my daughter was about to graduate from UG (yes she went to UG not like the children of the experts in the diaspora that want to make policies for my country), there was a clash on her timetable.

Do you know what the then Registrar (not the current registrar; you know who I am talking about) advised my daughter? She must take leave of absence from one of the courses that was clashing with the other. It meant she was going to spend an extra semester because UG failed to do its job and was barefacedly victimising an innocent student. Now my daughter was spared but do you know the countless numbers UG has done that to.

Do you know how many poor accused persons on remand are lingering in jail after years of being there? Don’t let the oil economy fool you; this country is harsh in its treatment of the poor and powerless. A politician’s son got 45 consecutive years for inserting his fingers in the vagina of a so-called underage girl while not one prisoner, except a case last week, has received more than 25 years for brutal, violent rape. That guy who got 45 years didn’t have a lawyer. He defended himself and couldn’t ask a proper question in the trial.

A magistrate is at fault as to why a man was on remand for 15 years. But nothing will happen to that magistrate. No discipline whatsoever, when in fact, peremptory dismissal is in order. Nothing will happen to the magistrate and the usual suspects will not write about his tragedy but will find time to comment on the attire of the president. Civil society will be unmoved, the Bar Association will pay no attention to the poor fellow and the poorer folks of this rough land, nicknamed Chato’s Land by the famous crime journalist, Dale Andrews (deceased), will continue to live in hope and die in despair.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

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Is this nation going to ask for the magistrate’s instant dismissal?

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