Former murder accused, Jones Raymond recently lost his bid to sue the State for $3 million over alleged inhumane conditions he endured during the nine years he spent on remand.
Last Friday, Justice Navindra Singh sitting in the High Court, dismissed Raymond’s claim of a breach of several of his constitutional rights, including being assaulted and shot with pellets during the years he spent on remand for murder without a trial.
The court also awarded costs in the sum of $500,000 to be paid to the Attorney General (AG), Anil Nandlall, SC who represented the State.
According to a statement from the AG Chambers, Justice Singh ruled that there was no breach of Raymond’s right to a fair trial.
“The Claimant had not averred to any actual instance of prejudice that he has suffered as a result of the purported delay in being able to prepare or lead a defence at a trial, in the event that he had opted to have his trial on the charge of murder,” the statement said.
Justice Singh underscored that a lengthy time on remand awaiting trial or the completion of a PI does not mean that an accused person will not be able to get a fair trial.
“Further, the Court found that as long as a fair trial is possible, it is in the public interest that cases should be tried, especially when the charge is murder and the accused is accepting liability for homicide. In such circumstances, a stay of prosecution of the charge is gratuitous and is an affront to public justice,” it was stated.
Notably, while the Court did find that there was an unacceptable and unexplained delay in the prosecution of the charge, the Court ruled that Raymond’s right to a fair hearing within a reasonable time had not been infringed.
Raymond’s claim was filed on the 25th of October, 2022, days after he was freed. He was accused of shooting Gary Joseph, on December 26, 2012 with a bow and arrow.
The preliminary inquiry (PI) into the charge to determine if there was sufficient evidence to commit the Claimant for trial at the Assizes commenced and was concluded in October 2014. Thereafter, Raymond was committed to stand trial before a judge and jury. However, the Director of Public Prosecutions (DPP), Shalimar Ali-Hack, after reviewing the depositions remitted the matter to the magistrates’ court in April 2015, directing the Magistrate overseeing the case to re-open the PI to take further evidence.
During the conduct of goal delivery for the County of Essequibo in July 2022, High Court Judge Sandil Kissoon discovered that the magistrate had, up to that time, failed to comply with the directives of the DPP.
As such, Justice Kissoon ordered that Raymond be discharged from custody and also permanently stayed the prosecution of the charge of murder against him. Several days after he was freed, Raymond through his attorneys Dennis Paul and Timothy Jonas SC filed the lawsuit against the State.
