Justice James Bovell-Drakes granted bail to one of two men accused of murdering Odingo Dingham Bryan in January 2004 after the state prosecution team failed to commence their trial yesterday as was previously ordered.
At the end of the October session of the Assizes last year Justice Bovell-Drakes had ordered that the Director of Public Prosecutions (DPP) give priority to prisoners awaiting trial for more than five years. These priority cases were supposed to be dealt with during the current session.
On January 12, this newspaper learnt, Justice Bovell-Drakes made a second order that the two accused, Squincee Mc Lennon and Trion Sumner, be tried. The state failed to commence the men’s trial yesterday morning. The judge subsequently granted Sumner, 23, of 393 One Mile, Linden bail in the sum of $300,000. Mc Lennon was not granted bail because he has another indictment pending.
At the beginning of yesterday’s proceedings the prosecution made an application for the murder trial of Compton Fernandes to commence. They explained to Justice Bovell-Drakes that they couldn’t start the Mc Lennon/Sumner trial because they were not able to contact all the witnesses in the case.
After the application was made for the Fernandes trial to commence Justice Bovell-Drakes, Stabroek News understands, told the prosecution that they were being contemptuous of the court since they were under specific instructions to begin the men’s case.
Stabroek News was not present in court when the judge chastised the prosecution for their lapse. When this newspaper visited Justice Bovell-Drakes’ chambers yesterday afternoon he declined to comment.
It is not that the DPP does not want to commence the Mc Lennon/Sumner case, a state prosecutor later explained to this newspaper, but they are not in a position to do so. However, it is their intention to begin the trial before the end of the current session.
Meanwhile, attorney-at-law Basil Williams represented both accused. He was adamant that the DPP has been making “specious excuses” to hold off the men’s trial.
“The DPP has been unable to give these men a fair trial within a reasonable time and have constantly been making specious excuses,” Williams told reporters at the High Court; “including the fact that one witness can’t be found.”
The defence attorney pointed out that there has been no effort by the DPP to publish or broadcast in the media that this witness is wanted or needs to come in to them. Instead, Williams continued, they have these men (McDonald and Sumner) languishing in jail. This, he said, violates their constitutional right to a fair and speedy trial.
Williams said that on the last occasion the prosecution had informed Justice Bovell-Drakes, following his January 12 order, that they would start the Mc Lennon/Sumner trial yesterday. Since the prosecution couldn’t give a proper explanation as to why they were not commencing his clients’ trial, Williams said, the judge decided to exercise his discretion to grant bail.
Sumner was granted bail with the condition that he report to a police station every Monday until his trial commences. If the accused fails to meet this requirement his bail will be escheated.
The defence attorney further described the DPP’s delay of the Mc Lennon/Sumner trial as “suppressive, unconstitutional, and discriminatory.”
Several efforts made to contact DPP Shalimar Ali-Hack for a comment yesterday afternoon were futile.
It is alleged that on January 9, 2004 Mc Lennon and Sumner murdered Bryan at Buxton, East Coast Demerara.
This newspaper had reported on January 10, 2004 that Bryan’s bullet riddled body was discovered a few feet south of the Railway Embankment on Church of God Road, Buxton. Prior to the discovery of Bryan’s report, the article said, a man had reported to the Vigilance Police Station that he and Bryan were riding on a motorcycle when a group of men attacked them.