A murder accused was granted bail on Wednesday at the Matthew’s Ridge Magistrate’s Court but it was revoked before he could be released due to the intervention of senior judicial officials.
Magistrate Allan Wilson, who travelled to the Region One community to conduct two weeks of court hearings, on Thursday acknowledged he did indeed grant Neville Chandrawattie bail, but added that it was later recalled. He said the granting of bail was an “error.” He said the accused was granted a total of $1.575M bail on the remaining charges.
Chandrawattie, called ‘Sunil,’ had been charged with the 2007 murder of gold and diamond dealer Dharam Chanmangra. He and others allegedly planned an armed attack carried out on the El Dorado Trading Company in Port Kaituma on April 21, 2007, during which Chanmangra was shot in the chest and $3M and a quantity of gold were stolen.
Chandrawattie is also before the court for his alleged involvement in a $93M gold heist committed on the same company in 2013. It was following his arrest for the second heist that he was questioned and allegedly admitted to planning the previous attack.
In addition to stealing 96 ounces of raw gold, valued $22M and $71M cash, Chandrawattie, who was identified as the mastermind, was also charged with unlawful possession of a firearm and ammunition. The offences were allegedly committed in November of 2013. Two other persons were charged for their alleged involvement in the theft.
Stabroek News was reliably informed that the Special Prosecutor Glenn Hanoman was unable to attend Wednesday’s hearing because he is one of the defence attorneys in the Neesa Gopaul murder trial, which presently being heard in the High Court.
Stabroek News was told Hanoman had earlier informed Wilson, by way of a letter, of his inability to attend the hearing.
When the matter was called, the magistrate granted Chandrawattie $750,000 bail on the murder charge, another $750,000 on the theft charge and varying amounts for the remaining charges.
A relative of the man was present in court ready to pay his bail. However, according to a source, the Director of Public Prosecutions (DPP) was informed of the granting of bail to a murder accused by the magistrate, which is unheard of in the lower court.
Liz Rahaman, communications officer for the chambers of the DPP, yesterday explained that under the law a magistrate’s court cannot grant a murder accused bail.
In response to queries from this newspaper, she said all the DPP is prepared to say is what is written in the Criminal Law (Procedure) Act Chapter 10:01. According to Section 81 (e) of the Act, “a magistrate shall not admit to bail any person charged with murder treason, misprision of treason, treason felony or murder.”
Stabroek News was told that after being informed of bail being gran
ted to Chandrawattie, the DPP immediately made contact with the Chief Magistrate Priya Sewnarine-Beharry, who called Wilson inquiring about what had happened. It would appear that it was as a result of the intervention of the two judicial functionaries that the bail was revoked.
Sources say the error ought to raise eyebrows since had the accused paid his bail, it was possible he could have been released and then have the opportunity to flee.
The magistracy has been under scrutiny recently after a decision in another magistrate’s court, where a man was convicted of cocaine trafficking but went free after he was given a five-year suspended sentence and was told to pay a fine of $2.5M. He has until June 30 of this year to pay the money.
During a hearing in November last year, Leonard Bacchus acknowledged ownership of nearly 150 pounds of cocaine, which was found in his Enmore home back in 2011. Magistrate Alex Moore also granted Bacchus a two-year suspended sentence for possessing 125 12-gauge shotgun cartridges and 115 .32 rounds of ammunition without a licence.
In addition, the narcotics case against Bacchus’ son was dismissed. John Bacchus shared a joint drug trafficking charge with his father. At the time, the boy was only 15-years-old. Indranie Bacchus, Leonard Bacchus’s wife, also had her narcotics trafficking charge dismissed. However, in her case, the court had found no evidence against her.
Weeks later, Moore was suspended by the Judicial Services Commission following a complaint of inappropriate behaviour during a hearing at the Sparendaam Magistrate’s Court. Sources close to the commission had said his decision in the drug case had a bearing on the suspension. Moore had been sworn in as a temporary magistrate in March 2011. It is unclear whether he will return to the bench.
