One week after photographer Delano Williams was freed of causing death by dangerous driving and drunk driving, the Director of Public Prosecutions (DPP) has appealed the decision.
Stabroek News was reliably informed that on Wednesday the DPP filed a Notice of Appeal at the Registry of the High Court and copies were later served on Acting Chief Magistrate Priya Sewnarine-Beharry and Williams.
In the Appeal Notice this newspaper was told that the DPP is asking that the Court of Appeal set aside or reverse the magistrate’s decision to dismiss the charges. The next step would be for notices to be sent stating when an outline of submissions is to be presented.
It was explained to this newspaper that when matters are dismissed at the level of the Magistrate’s Court the prosecutor has to prepare a report and forward same to the DPP’s Chambers as quickly as possible to determine if an appeal is possible.
The report was forwarded and according to the prosecutor when the case was called on May 7 he was not in possession of the file. This newspaper was told that the prosecutor said that the magistrate called on him to present his witnesses and using statements already served on the court two witnesses testified.
This newspaper understands that instead of May 7, May 17 was mistakenly recorded on the front of the case file and as such notices were sent to the other witnesses for them to attend court on May 17.
Following the conclusion of the testimony of the two witnesses the prosecutor said in his report that he asked for one last adjournment to bring the file and all the other witnesses. However, he said the magistrate denied his request and ordered him to close his case.
It was at this point, the report said that Williams’ lawyer Nigel Hughes submitted that there was insufficient evidence for his client to lead a defence in the matter. The magistrate, the prosecutor said, later upheld Hughes’ no-case submission and dismissed the matter.
Williams was accused of allegedly causing the death of Sewcharran Persaud Ugraj by dangerous driving on June 26 last year on Sheriff Street, Georgetown and while under the influence of alcohol.
Reports are that on the day in question Ugraj, a 35 year old father of two was standing on the eastern side of the road while Williams was driving motor vehicle PMM 1094 north along the same roadway.
The car which according to the police was reportedly going at a fast rate came barrelling across the road towards Ugraj and hit him some 30ft away. The car then ended up in the trench in the vicinity of Pike Street.
The police said too that the driver of the vehicle was tested with a breathalyzer and his alcohol content at the time was found to be over the legal limit. Williams was arrested and later charged. He was released on $350, 000 bail on his first court appearance.
On hearing the decision of the magistrate, the relatives of the deceased began crying uncontrollably, stating that there was no justice for their loved one.
