Sumner, one of two men accused of murdering Odingo Dingham Bryan in January 2004, was granted bail in the sum of $300,000 by Justice James Bovell-Drakes, after the state prosecution team failed to commence their trial 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. Justice Bovell-Drakes made a second order on January 12 that the two accused, Squincee Mc Lennon and Sumner, be tried. The prosecution, Justice Bovell-Drakes had said, were being contemptuous of the court since they were under specific instructions to begin the men’s case.
Following Justice’s Drake’s decision attorney-at-law Anil Nandlall yesterday filed an ex-parte application by way of affidavit for a conservatory order to be granted, staying the bail order. The application was filed on behalf of the DPP.
The ex-parte application, Number 10/M of 2010, noted that “By Article 187 (4) of the Constitution, in the exercise of the aforesaid power, the Director of Public Prosecutions “shall not be subject to the direction or control of any other person or authority.”” Therefore, according to Nandlall’s application, by issuing the orders at the end of the last session and on January 12 Justice Bovell-Drakes acted “unlawfully, unconstitutionally, in as much as His Honour has usurped the functions and powers of the Director of Public Prosecutions…and that His Honour acted in excess of and without jurisdiction.”
Further, the application stated: “the Director of Public Prosecutions apprehends that there is every likelihood or a reasonable likelihood that the Honourable Justice James Bovell-Drakes would be biased and prejudiced” in the impending trial of Sumner and McLennon.
The DPP, through the application, said that Sumner has not yet posted bail and they fear that if released he would flee the jurisdiction. A copy of the order will be served to Sumner’s attorney, Basil Williams. The matter has been adjourned to February 15 and will continue in bail court.
