Dear Editor,
The unexpected and shocking dismissal of charges on March 29, 2016 against Devin Singh and Roselle Tilbury Douglas accused of assault causing actual bodily harm and additional charge of common assault by Devin Singh on Colwyn Harding was a serious violation of the right of Colwyn Harding to a fair trial. The Magistrate dismissed the case even though the prosecution had not completed its presentation of evidence against accused police officers Singh and Tilbury Douglas and cross examination of Colwyn Harding by defence lawyers had also not been completed.
As such Colwyn Harding has been denied his right to have his case fully prosecuted according to the law. According to reports, Magistrate Daly ruled in favour of the defence lawyers’ submission to dismiss charges against the accused police officers due to absences of special prosecutor, Nigel Hughes and Colwyn Harding. Reports have confirmed however, that Colwyn Harding had not been absent from Court on more than 2 occasions and on the day of Magistrate Daly’s dismissal, neither Colwyn Harding nor his family were aware that the case was being called until the morning of the said day March 29 when the appointed state prosecutor informed Colwyn Harding to attend Court and said that he would be sending a representative in his place to request another Court date as he was unable to be present.
The important issue to bear in mind is that this case was not for a minor infraction but for brutal and life threatening injuries consistent with cruel and inhuman punishment as set out in the UN Charter and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by accused police constables Devin Singh and Roselle Tilbury Douglas.
Additionally, what kind of justice system operates in Guyana when a complainant is penalized and denied his right to a fair trial because of prosecutorial delays over which he had no control? Surely there are other available options within the justice system in Guyana for appropriate sanctions to be instituted for court delays without jeopardizing the human rights of a complainant for fair trial. It is not as if the accused police constables Devin Singh and Roselle Tilbury Douglas were on remand and locked up at Camp Street Prison.
In closing we call on the DPP and the Guyana Police Force to explain why charges of rape as set out in the Sexual Offences Act 2010 were not instituted against Devin Singh in this matter. We also call on the DPP, if this has not already been done, to appeal Magistrate Daly’s dismissal of charges against police constables Devin Singh and Roselle Tilibury Douglas.
Yours faithfully,
Joy Marcus
Norwell Hinds
Suzette Fortune
Elton Mcrae
Charlene Wilkinson
Danuta Radzik
Mellisa Ifill
Elton Mcrae
For Colwyn Harding Support Group
