Georgetown: The Director of Public Prosecutions (DPP) Chambers disposed of a total of 140 cases during the year 2014; however, only 103 of Scalesthem received the court’s attention. The other 37 cases were nolle prosequi (not prosecuted) by the DPP.
In a year-end review of its cases, the Chambers disclosed that of the 103 cases, 75 were done in the Demerara Assizes, 15 in the Berbice Assizes and 13 in the Essequibo Assizes. There were a total of 69 cases for murder, three cases for the offence of manslaughter, 14 for rape, four for Rape of a Child Under 16 years and six cases for Carnal Knowledge of a Girl Under 15.
Additionally, there were two cases for the offence of wounding with intent, one case for the offence of unlawful wounding, three cases for the offence of robbery under arms, two cases for attempt to commit murder, one case for felonious wounding, four cases for buggery, one for causing grievous bodily harm, one case for the offence of assault causing actual bodily harm, three cases of incest, one case for sexual activity with a child by family member, two cases of indecent assault and one case for the offence of attempt to commit a felony.
There were a total of 30 convictions, 54 acquittals, 10 hung juries, one quashed committal, two aborted trials, one unrepresented accused was sent back to prison after he indicated that he needed five years to prepare his defence, one psychiatric evaluation was ordered for one accused after he was unresponsive to the court, and one accused was committed to the National Psychiatric Hospital for treatment until such time that he is fit to stand trial.
In two other murder cases, both accused persons were found to be unfit to stand trial and ordered to be given psychiatric treatment after which time they should be reassessed to determine if they were fit to stand trial. In another matter for the offence of carnal knowledge, the accused who was out on bail failed to attend court and the judge issued an arrest warrant and his bail was escheated.
In the meantime during 2014, some 50 matters were filed in the Court of Appeal by the Chambers. There are five applications pending for Notices of Hearing of Appeals. According to the Chambers, 19 appeals were dismissed and six matters were dismissed.
Of these six appellants, two died while awaiting their appeals while the four other appellants and their defence counsels made no court appearance. Ten applications of Notice to Withdraw were granted, while three appeals were struck down by the court. Then there were two appellants who had their applications for bail refused, and one application for extension of time to file the Notice of Appeal was granted.
The court allowed two appeals; in one of which the appellant had three separate court hearings. The first application was refused while at a second hearing, the court granted him bail in the sum of $150,000 with surety in like sum. At the third hearing, the court granted his appeal and ordered a new trial by another magistrate. The appellant in the other matter had his conviction and sentence set aside.
Five matters were heard in the Demerara Full Court during last year before acting Chief Justice Ian Chang sitting either with Justice Rishi Persaud and Justice Navindra Singh. In one matter, the application by the defence to withdraw and discontinue the matter was withdrawn. In two other matters, the applications for extension of time to file the Notice of Appeal were granted, while one application for extension of time was dismissed. One matter was struck out by the court, because there was no appearance by counsel for the appellant.
Meanwhile, the Berbice Full Court heard three matters before Justice Chang sitting with Justice Singh. In one matter, the Full Court found that it was the wrong court to hear the appeal and transferred the matter to the Court of Appeal. Two other appeals were dismissed.
And in the Caribbean Court of Justice (CCJ), four matters were heard during 2014 before Justice Charles Michael Denis Bryon, Justice Rolston Nelson, Justice Jacob Witt, Justice Adrian Saunders, Justice David Hayton, and Justice Winston Anderson.
In one matter, the CCJ first granted leave to the defence to file an Appeal out of time. The CCJ then set a date for hearing of the said appeal, heard the appeal and dismissed it. In another matter, the appellant’s application for bail was refused by the CCJ, which referred the applicant back to the Court of Appeal. Then in a fourth matter, the application by the defence for leave to appeal out of time was dismissed.
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