Colin Jones, Randy Mars, Jafar Simpson, Anthony Watson and Basil Morgan were yesterday committed to stand trial in the High Court for allegedly shooting at the East Ruimveldt Police Station in 2009.
The committal was handed down in accordance with a fiat sent from the Chambers of the Director of Public Prosecutions (DPP), ordering the court to commit the accused persons to stand trial for the charge of discharging a loaded firearm with intent.
Magistrate Hazel Octive-Hamilton, who had previously discharged the preliminary inquiry (PI) into the charge against the men after she found that there was insufficient evidence to have made out a prima facie case to have committed them to stand trial, read the committal at the Georgetown Magistrates’ Court.
The displeased defendants repeatedly questioned the reason for them being committed to stand trial, after the court had already ruled that a prima facie case was not made out against them. Jones, the most vocal, questioned the merit of the DPP’s decision and whether the office-holder was vested with such powers. “The DPP could just make a ruling like that after the court already discharged this matter?” he asked.
Magistrate Octive-Hamilton explained that the Office of the DPP had the powers by law as provided by Section 66 of the Criminal Law Procedure Act Chapter 10:01 to make such a pronouncement. In light of such an order made by the DPP, for which the law provides, the court is then bound by that pronouncement “to which I must comply,” she added.
“So the DPP got more powers than the court?” Jones asked. “This court system wah y’all running got to be a cowboy system if the DPP could just seh wah dey want even though the court already mek a decision,” he further observed.
The fiat which was sent from the DPP’s Chambers was read by the magistrate to the defendants and contained the rules of procedure on which the committal must be executed by the court.
Jones, who sighed heavily, asked if it was possible to be handed down a sentence for the charge, instead of having to undergo yet another trial in the High Court.
He was, however, cautioned by the magistrate that the judicial process must take the course as is stipulated by established procedures of law.
The magistrate then told the men that according to the law, they had the right to say anything they wished which the court had to record in writing and that they also had the right to call witnesses in their defence. She told them also that it was their right to reserve their responses or witnesses for the High Court, if they so desired. They all said they preferred this latter option.
“I just want to say that I’m innocent,” Mars further interjected.
The magistrate explained to the men, who had earlier enquired, that they will be informed as to the date for the commencement of the trial into their matter at the High Court at the next appropriate session of the assizes.
Meanwhile, attorney George Thomas, who is representing the men, renewed his application for bail for all except Jones, who is also facing a murder charge. As such, a bail application on his behalf would have been an exercise in futility.
The prosecution, however, objected to the defendants being granted their pre-trial liberty. Prosecutor Fazil Karimbaksh told the court that the men are facing other charges including murder, attempted murder, discharging a loaded firearm, and armed robbery, and for which they have since been committed to stand trial. Karimbaksh also cited the nature and gravity of the offence. The court subsequently ruled that on the grounds of objection raised by the prosecution, the defendants would be denied bail.
On December 2, 2010 Jones was charged with murdering two of his former gang members and another man and was jailed for eight years on a series of other charges, including cultivation of ganja and possession of an unlicensed weapon and ammunition.
Jones was also jointly charged along with Mars and Simpson for discharging a loaded firearm, murder, attempted murder and setting fire to a building. Among the other charges levelled against Jones are murder, attempted murder and escaping lawful custody.
