THE MALFUNCTION OF GUYANA’S LEGAL SYSTEM

Aug 01, 2022 Letters

Dear Editor,
The dismissal in the bizarre case of Justin John who spent close to 10 years on remand for murder presents itself as a horrible violation of human rights in Guyana. What is even more horrible is the revelation from the DPP’s Chambers that Mr. John had not even been formally indicted for murder since the conclusion of the preliminary inquiry in 2015. In simple language: the accused spent 10 years awaiting trial even though there was no charge filed against him. Prisoner Justin John was admitted into custody on May 27, 2013, on an alleged charge for murder. Five years later, he was committed to stand trial in the High Court on June 5, 2008, but it seemed that his case was postponed indefinitely.
As far back as 2010 Justice Roxanne George indicated that the legal system was malfunctioning, and she had ordered that Mr. John’s indictment be presented in the June sessions of the Demerara Assizes that year. It did not happen. Mr. John’s case was never presented, and even though a few attempts were made for his case to be heard, it was postponed again because the witnesses were not available. A frustrated Justice George ordered Mr. John’s case to be called at the next session of the Demerara Assizes, regardless of witnesses. This was not done for the simple fact that there was a misunderstanding between the High Court and the Chambers of the Director of Public Prosecutions (DPP). As a result, Mr. John was left to suffer in prison.
This is not the only case in which prisoners are placed on remand for years. For decades some extremely horrible and highly questionable misjudgments have been made by Guyana’s Judicial System. Coupled with flimsy police investigative procedures and seeming lacklustre efforts by prosecutors, or more precisely, the Director of Public Prosecutions, hundreds of prisoners on remand still cry out for true justice. It proves that the judicial system is highly incompetent and because of its independence as a separate branch of government, no effort is being made to reduce such incompetency.
Many believe that the recent meeting between the Attorney General, the Chancellor, the Chief Justice, the Chief Magistrate, the DPP and the Director of Prisons to ensure that there are not any other cases like that of Mr. John in the system is a sham. No one should suffer through a malfunctioning prison system like Mr. John, but the truth is many believe that in Guyana, there are two justice systems—one for the rich and the other for the poor. To date, there have been no wealthy person who has been on remand for years. It is time for the government to act.

Leyland Chitlall Roopnaraine

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