Former murder accused Cop loses court action against the DPP

Apr 01, 2023 Court Stories, Features / Columnists, News

Kaieteur News – Former murder accused Colin Bailey on Friday lost his bid to sue the Director of Public Prosecutions (DPP), Mrs. Shalimar Ali-Hack, SC, for $S100M for what he termed Unlawful Imprisonment and Malicious Imprisonment.

In December 2021, Bailey who spent five and half years incarcerated for the capital offence of murder, sued the State for in excess of $100 million on claims of unlawful arrest, detention, inhumane and degrading treatment. Despite there was no evidence against Bailey for the capital offence, he was charged with the August 2013 murder of his reputed wife Sirmattie Ramnaress – and spent years behind bars.

Bailey has always maintained his innocence. In his defence, Bailey had stated that he and Ramnaress met in 1992 and started living together.

According to him, at the time of her death, they were building a house in Diamond, East Bank Demerara. He explained that on the day his wife was found murdered, he was on duty at the Cheddi Jagan International Airport (CJIA) for a State visit by the President of Venezuela.

After investigations, Bailey was initially charged for murdering his wife on November 24, 2016. Justice Jo-Ann Barlow in making her decision at the Demerara High Court said that he should not have been before the court and that it was a waste of judicial time, as such, Bailey was freed on October 13, 2021.

Following his release, Bailey filed legal proceedings against the State. He named the Attorney General and the DPP as respondents in his Statement of Claim.

Through his lawyer, Nigel Hughes and Associates, Bailey sought a number of declarations and monetary compensation.

He asked for a declaration that his arrest and detention was without lawful justification, that the decision by the DPP to institute murder charge was an abuse of power and also a declaration that the delay in his trial was a breach of his guaranteed right to liberty and a fair trial. He has also asked the High Court to declare that the failure to provide basic medical facilities at the Lusignan Prison and his exposure to COVID-19 was inhumane and degrading.

In addition, he has asked for several $100,000 sums to compensate individually for wrongful preferment of the charge of murder, wrongful detention, malicious prosecution and denial of his right to protection from inhumane and degrading treatment, among others.

However, in a statement to the media on Friday, the DPP’s office said that Bailey’s Application was heard by High Court Judge Nareswhar Harnanand who dismissed the Application. The DPP was represented by Attorney-at-Law Dr. Kim Kyte-John in the Demerara High Court.

Cheddi Jagan International Airport (CJIA), Colin Bailey, Director of Public Prosecutions (DPP), Malicious Imprisonment, Sirmattie Ramnaress, Unlawful Imprisonment

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Former murder accused Cop loses court action against the DPP

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