State-appointed Prosecutor Sanjeev Datadin made an application to have witness statements tendered as exhibits in the witness tampering matters for which CN Sharma, Tyrone Ali, Doodnaught Sharma and Raywattie Ramsawack have been arraigned.
Datadin made this application under the Amendment to the Criminal Law Procedure Act 208.
Attorney-at-law Nigel Hughes who is representing CN Sharma argued, however, that the section under which the application was made does not give the accused a right to be heard, neither to call witnesses.
Hughes asked that his client be given a right to be heard.
As he forcefully argued this point, the lawyer said that the defence is in possession of a statement which would exonerate his client.
After listening to the requests of both the prosecution and defence, Magistrate Geeta Chandan Edmond who is presiding over the matters adjourned the cases to May 10 when she will rule on the applications after consulting the relevant Act.
The preliminary inquiries (PI) into the matters against CN Sharma and Tyrone Ali have already begun and were set for continuation on Friday last. Additionally, the inquiry into the charges levelled against Doodnaught Sharma and Raywattie Ramsawack was set for commencement.
The applications of prosecution and defence were, however, subsequently made after which the matters were adjourned.
Mark Reid and Ravi Mangar have also been charged with attempting to pervert the course of justice. However, the prosecution closed its case on Thursday last as the PI into this proceeding ended.
The defence is to lay over its written submissions to the court on the next date after which the court will rule.
These matters all arose out of the same circumstance. These charges of attempting to obstruct the course of justice against the defendants stem from the alleged carnal knowledge of two females with which CN Sharma has been charged.
On April 26, Sharma was charged with attempting to obstruct the course of justice.
It is alleged that on April 15, he knowingly attempted to obstruct the course of justice by removing two of the girls at the centre of sex abuse allegations against him from their known address and taking them to a house at 123 Golden Grove, East Bank Demerara in order to prevent them from being questioned by police.
The defendants have all been granted their pre-trial liberty but have not pleaded to the charges which are indictable as the Administration of Justice Act (AJA) has not been applied to allow them to plead.
The matters are being heard at the Georgetown Magistrates’ Court.