A police constable who was involved in a fracas with a promoter at a ‘Baby Cham’ show some four years ago feels his right to a fair hearing within a reasonable time has been contravened and he has approached the High Court for relief.
Constable Dellon Ellexy, who was interdicted from duty in 2005 with half-pay after he was charged, said the delay in prosecuting the charge against him has seriously affected his health and finances as well as his prospects for promotion. He said too that it has caused him mental anguish.
He filed a constitutional motion seeking an order staying permanently the criminal charge brought against him on December 13, 2005 and or alternatively quashing the said charge. He is also seeking a declaration that his constitutional right to a fair hearing has been contravened and also a declaration that the delay in prosecuting him is an abuse of the process of the court.
Ellexy stated in court papers filed by his attorney, Basil Williams that he was at the April 30, 2005 ‘Baby Cham’ show on duty when one of his colleagues was assaulted by a group of men. He said that Cadet Andrin Simon was slapped in the face with a firearm at the show which was held at the Vreed-en-Hoop stelling, West Coast Demerara.
Following this incident Ellexy said that he went on stage to get the Disc Jockey (DJ) to stop the music in order to get control of the situation when Fiaz Alli, the promoter of the show, instructed the DJ not to follow his orders.
He said that two of his colleagues then invited him outside to talk and after he recounted what happened they went back inside to stop the music.
According to Ellexy the promoter then approached him and allegedly pointed a firearm at him and squeezed the trigger a few times but the gun did not fire. He said that he ran away and drew his firearm, but that his right hand struck someone and the firearm fell out of his hand.
He stated that Alli was later detained and taken to the Vreed-en-Hoop police station where he was subsequently charged with the offences of attempted murder and unlawful possession of a firearm and ammunition. The charge against Alli was dismissed on June 26, 2009 by the same magistrate that Ellexy is before
Eight months after the April 2005, incident Ellexy was charged jointly with another officer, Quacy Allen with the offence of assault causing actual bodily harm- Alli was the complainant.
Ellexy said that he appeared before Magistrate Fazal Azeez on December 13, 2005 at the Leonora Magistrate’s Court and was placed on self-bail. A few days later he was interdicted from duty.
He said that the matter was later transferred to the Vreed-en-Hoop court for January 13, 2006.
The officer said that he attended the Vreed-en-Hoop court on diverse occasions between January 13, 2006 and June 22, 2009 but was met with a series of adjournments by Magistrate Azeez without any hearing.
But Ellexy said that the Magistrate proceeded to hear the charges against Alli and eventually freed him of all charges on June 26, 2009 while he is appear in court again on July 20, 2009.