The Director of Public Prosecutions (DPP) disclosed that 109 cases were completed during 2013. Of these, 95 cases engaged the court’s attention while 14 were nolle prosequi (not to go ahead) by the DPP.
Seventy-one of these cases were from the Demerara Assizes, 14 from the Berbice Assizes and 10 from the Essequibo sessions.
There were a total of 83 cases for murder, three for manslaughter, two rape cases, four cases of carnal knowledge, two attempts to commit murder cases and one case for incest.
The DPP was successful in getting 36 convictions, but there were 45 acquittals along with 10 hung jury, one quashed committal, two aborted trials and one accused committed to the National Psychiatric Hospital for treatment.
In another case, the accused was found to be fit to plea and was remanded back to prison to await trial. One matter is continuing during the January 2014 Assizes.
The 14 matters nolle prosequi by the DPP was as a result of different reasons. One matter was nolle prosequi because the accused died while awaiting trial and another one because the witnesses could not be found.
The other 12 cases were nolle prosequi because the virtual complainants no longer wanted to proceed with the matters. In a separate matter, the DPP nolle prosequi the case against one of the murder accused since there was no evidence against him.
DPP’s appearance
Meanwhile, during 2013, the DPP appeared in 15 matters at the Court of Appeal; one was for the appeal against a guilty verdict in a murder case.
This appeal was granted, resulting in the offence being reduced to manslaughter and the accused sentenced to 10 years imprisonment.
In a second matter for an application for bail, the offence of attempted murder, the application was refused. There were three matters of appeal for the offence of causing death by dangerous driving.
In one matter, the appeal was granted, but the court found that there was sufficient evidence to establish the offence of death by dangerous driving.
In the second appeal, the conviction for causing death by dangerous driving was confirmed and the accused was sentenced to three years imprisonment. The appellant in the third case against the conviction for causing death by dangerous driving withdrew his application.
In addition, there were two appeals by the state; one was to amend the appeal from a verdict of acquittal from a High Court murder trial and this was granted.
The other matter was an appeal against an order made by a single judge in chambers in the Court of Appeal to prevent a magistrate from carrying out the directions of the DPP for a preliminary inquiry to be reopened and it was allowed.
Extension of time
The other eight matters were in relation to summary trials for indictable offences of which five were applications for extension of time because the applicants failed to file the notice of appeal within the statutory period.
In the sixth matter, an application was granted for the appellant to lodge security. Another application was granted for the petitioner to lodge his passport within 48 hours of his return to the country. One application to appeal a matter for the offence of possession of narcotics for the purpose of trafficking was refused.
Also during that year, the full court of the High Court heard some 12 matters before acting Chief Justice Ian Chang sitting either with Justice William Ramlall, Justice Rishi Persaud, Justice James Bovell-Drakes, Justice Navindra Singh or Justice Brassington Reynolds.
Five of these appeals were dismissed while four of them were allowed. One applicant was granted leave to lodge security for cost within seven days while one other application for extension of time was granted. One appeal was abandoned since the prisoner had served his sentenced.
