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Magistrate grants request for private PI, paper committal for Marlan DaSilva
Dead: Kenesha Vaughn
Kaieteur News – Magistrate Dylon Bess on Tuesday granted a request by lawyers representing Marlan DaSilva for private hearings of the preliminary inquiry (PI) and paper comitial proceedings.
Thirty-two-year- old DaSilva is accused of killing his 27-year-old wife Kenesha Vaughn. He appeared at the Diamond Magistrates’ Court and was represented by attorney Glenn Hanoman and Everton Singh-Lammy.
During Tuesday’s hearing, Magistrate Bess ruled with the guidance and authority of the criminal law procedure act, that members of the public and media be excluded from attending the PI to avoid potential prejudice to the accused.
He noted that should any part of the proceeding raise issues of public interest that warrants some amount of limited disclosure, the court is willing to consider granting access to a summary public reporting purpose with strict limitations to avoid the potential prejudice to the accused. However, the prosecution must make an application to the court.
A release from the court following the hearing stated that the defence has objected to the presence of the press pursuant to Sections 62 and 63 of the Criminal Law (Procedure) Act, Cap. 10:01, arguing that public access at this stage could prejudice the accused’s right to a fair trial and jeopardise the integrity of the committal process. It said the prosecution has responded with oral submissions, emphasising the importance of public scrutiny and the role of the media in ensuring transparency in judicial proceedings.
The release said that the court acknowledges the vital role the media plays in a democratic society. “A free press contributes to public awareness, accountability, and confidence in the justice system,” it stated. However, it pointed out that the principle of open justice is not absolute, particularly in preliminary inquiries, which are not trials, but investigative proceedings intended to determine whether there is sufficient evidence to commit the accused to stand trial.
Accused: Marlan DaSilva
The court cited section 62 of the Act, which empowers it to regulate the conduct of the proceedings and exclude the public or any portion thereof, if it is of the opinion that such exclusion is necessary in the interest of justice, public morality, or the protection of witnesses or parties. It noted that section 63 of the Act, further reinforces the court’s discretion to control attendance and conduct.
“Given the nature of a preliminary inquiry — where untested evidence, including hearsay and statements yet to be challenged in cross-examination, may be adduced — it is imperative to protect the accused’s presumption of innocence and to guard against potential prejudice that may arise from premature publicity. This is especially critical in matters which may proceed to trial before a jury,” the court release detailed.
In the circumstances, the court has ruled that the general public and media will not be permitted to attend the full preliminary inquiry proceedings. Family members of the accused and the victim who are not witnesses are however permitted to attend.
The court said it reserves the right to revisit this position if circumstances materially change.
On Monday, attorney Hanoman told the court that the defense needed to safeguard the accused, since the matter has attracted widespread public chatter.
He said since the beginning of the proceedings, there have been sustained public campaigns, protests and social media commentaries by the family of the deceased.
Meanwhile, attorney Nigel Hughes, the special prosecutor in the case, had objected to the application noting that a public trial was needed since there was nothing to hide.
According to Hughes, a prohibition against reporting on the content of testimony presented at a PI will not make the hearing private. Hughes had argued that any member of the public could attend a PI and participate as a guest.
DaSilva is accused of shooting his wife multiple times during a “heated argument” back in February at their home.
Investigators said that at the time of his arrest, DaSilva’s alcohol level in his body was 83 per cent.
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