AG tables Bill to repeal DPP’s committal powers

Nov 13, 2022 News

Kaieteur News – Attorney General (AG) of Guyana Anil Nandlall, SC has tabled a Bill to repeal the committal powers of the Director of Public Prosecution (DPP) and vest them in a High Court Judge.

Attorney General Anil Nandlall SC

The Bill was tabled to amend Section 72 of the Criminal Law (Procedure) Act, the law which empowers the DPP to direct a Magistrate.

Section 72 of the Criminal Law (Procedure) Act outlines the procedure for the committal of an accused person to stand trial. It confers the DPP with the Authority to direct a Magistrate, after the discharge of an accused person at the end of a preliminary inquiry (PI), to reopen the said PI and commit the accused person once the DPP believes a prima facie case has been established.

Director of Public Prosecutions (DPP) Shalimar Ali-Hack

The Caribbean Court of Justice (CCJ) – Guyana’s court of last resort – had recommended that the Legislation be amended to reduce the DPP’s power. The amendment of Section 72 of the Act seeks to do so.

With the amendment, the DPP, if aggrieved by the decision of a Magistrate to discharge an accused person at the end of a PI, can now make an Ex-Parte Application to a Judge of the High Court for a warrant to arrest and commit the discharged person for trial.

The Judge may grant that Application only if he/she is of the view, from the evidence that was placed before the Magistrate who discharged the accused person, that such a course of action is required. If the DPP or discharged person is aggrieved by the Judge’s decision, an appeal against that decision shall lie to the Court of Appeal of Guyana.

The amendments being brought by Nandlall, according to its Explanatory Memorandum, seeks to remove the “repugnance” of a section of the Criminal law (Procedure) Act and the Constitution of Guyana, as was highlighted by the CCJ during its determination of a case earlier this year between the DPP and Marcus Bisram.

According to the Explanatory Memorandum of the Bill, with the amendment, the DPP, “if aggrieved by the decision of a Magistrate at the end of a preliminary inquiry to discharge an accused person, may now make an ex parte application to a Judge of the High Court for a warrant to arrest and commit the discharged person for trial.”

It was noted that “the Judge may only grant that application if he is of the view, from the evidence as was placed before the Magistrate who discharged the accused person, that such a course of action is required.”

Nandlall in announcing the proposed amendments drew reference to the fact that the CCJ delivered its decision on the Marcus Bisram matter where the murder accused, was discharged by the Magistrate who heard the evidence at the Preliminary Inquiry (PI) into his murder charge.

The DPP subsequently directed the Magistrate to reopen the PI and later to commit Bisram for trial, which the Magistrate did but Bisram contended that the directives were unlawful and that section 72 of the Criminal Law (Procedure) Act, “which empowers the DPP to so direct, is incompatible with the Constitution of the Co-operative Republic of Guyana.”

As a result, he approached the CCJ, which held that “a law that renders the Magistrate’s professional decision-making subject to the dictates of another official cuts straight through article 122A and must be declared void to the extent of its inconsistency with that article.”

Article 122A (1) provides all courts and all persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control.”

The Court had also suggested ways in which the inconsistencies with the Constitution may be removed without leaving a substantial gap in the criminal procedure including the National Assembly removing the inconsistencies.

It was noted too that pursuant of the Government’s policy of consulting with important stakeholders on matters of national importance, the Attorney General has since solicited the comments of the DPP, Shalimar Ali-Hack, SC, Senior Police Legal Advisor, Sonia Joseph, President of the Bar Association of Guyana, Pauline Chase and President of the Berbice Bar Association, Horatio Edmonson.

Bisram was accused of the 2016 brutal slaying of 26-year-old Berbice Carpenter, Faiyaz Narinedatt.

Discover more from Kaieteur News

Subscribe to get the latest posts sent to your email.

Latest News