The copies of the medical certificates and birth certificates of the nine boys allegedly raped by Muslim scholar Nezaam Ali have mysteriously disappeared from the case files and the distraught mother of three of them, is now convinced that efforts are afoot to sabotage the case to ensure that the alleged perpetrator is spared jail time.
Ali was committed to stand trial in November, 2013 for nine counts of sexual activity with a child by abusing a position of trust and lost a battle to have the committals overturned last year. It was only after the case files were transferred from the Vigilance Magistrate’s Court to the Supreme Court for trial proceedings that it was discovered that important documents were missing.
The woman, who visited this newspaper recently pleading for help, said she was at a loss as to what to do as the case appears to have been sabotaged. She said that last Monday, she and an official of the Child Care and Protection Agency (CC&PA) visited the Supreme Court to check on the case and they were shocked when a clerk showed them files minus the medical and birth certificates. Each charge has a separate file.
Several months ago, the woman had contacted Stabroek News saying she had learnt that documents were missing, after she had made many attempts to get clarity on what was delaying the start of the trial.
Speaking to this newspaper and fighting back tears, she explained that it was on the insistence of a CC&PA official that the collection officer (name given) at the Vigilance court sent the files to the Supreme Court.
She said Ali was slapped with nine charges which meant there were nine files and each had copies of the children’s medical certificates which were issued by the Georgetown Public Hospital and copies of their birth certificates.
With these documents missing, she said, the clerk was asked what the next step was and informed that the Registrar will have to make a note and send the files to the Chambers of the Director of Public Prosecutions (DPP). The woman said that based on her understanding the DPP would then send the files to court but she was not told for what reason.
She expressed certainty that the documents were removed after Ali lost his bid to have the High Court overturn his committal. In his affidavit in support of the motion filed before the High Court, Ali had stated that the several statements with which he was served from the virtual complainants alleged that he had “penetrative” anal intercourse with them.
He noted further that at the close of the prosecution’s case, he laid over to the court a statement from Dr Walter Ramsahoye, who expressed his expert opinion that “the individual, [Ali] whose physiological systems are severely compromised, cannot have sex with boy, girl, man or woman as he cannot have an erection.”
The accused advanced that after this statement was laid, his attorney made submissions to the magistrate that “based on the contents of the report of the medical expert (which give the opinion that it was impossible for him to have committed the offence), and the fact that the report had not been refuted by any prosecution evidence,” the charge against him should be discharged on the ground that a prima facie case had not been made out.
Ali added that his attorney had advised him that Magistrate Alex Moore acted in excess of his jurisdiction when he failed to consider that “impossibility” was a complete defence of the charges; when he found that the prosecution would produce expert witnesses to refute Dr Ramsahoye’s evidence although there was no such evidence before the court for him to consider; and when he speculated that the prosecution would lead evidence to refute Dr Ramsahoye’s statement.
The accused argued further that the magistrate acted in excess of jurisdiction when he failed to consider the evidence of impossibility as disclosed by the doctor and, in so doing, committed a procedural error and acted in breach of the rules of natural justice.
Ali had claimed that the doctor’s opinion was formed from information he provided and he was not one of the attending doctors who had treated him for his medical condition.
The prosecution had contended that the statement of Dr Ramsahoye could not be considered by the court since it was laid over months after the specified period had expired.
In July 2015, Justice Ian Chang ruled that Ali’s case was not one in which the evidence for the defence was “so cogent and compelling” that, even accepting all the evidence for the prosecution, “a committal was not justified.”
The judge had said also that the case was not one in which the evidence for the prosecution had its own inherent weaknesses which had been further so weakened by the evidence of the witnesses for the defence “that a committal was not justified.”
The then Chief Justice said the court was of the view that the case was one in which the “jury will be called upon to pass on the credibility and reliability of witnesses for both the prosecution and defence (Dr Ramsahoye) and to choose between them — bearing in mind that there is no presumption of acceptability or reliability in favour of an expert’s evidence.”
The court noted too that even though the magistrate might have mentioned that he was disregarding the statement laid by the doctor, it did appear that he considered the doctor’s evidence since, on the applicant’s affidavit, the magistrate “speculated” that the prosecution would produce an expert witness to refute the evidence of Dr Ramsahoye.
“If, as alleged by the applicant, the magistrate did not consider the statement of Dr Ramsahoye –because it was laid over seven months after the expiry of the prescribed period for so doing, then it was within his remit to do so for reason of procedural non-compliance,” the judge added. Justice Chang said if, on the other hand, the magistrate did consider the statement “(as he seems to have done), then there is no ground for complaint by the applicant.”
What now?
The woman questioned what action would be taken by the relevant authorities to ascertain how the documents disappeared.
“What happens now? We will be going around in circles for years. I am fearful that this is the end,” she told Sunday Stabroek.
The woman, who is also a Muslim, informed that she first heard about the missing documents while at her place of worship and this was the reason she knew it was true.
At that point, she had gone to CC&PA, reached out to her religious community and to the DPP but got no help.
The woman opined that DPP Shalimar Ali-Hack should not be involved in the case given that she and Ali were from the same religious background. The DPP had been accused of meddling in the case but had denied those claims.
The woman said she had attempted to see Minister Volda Lawrence when she held the Social Protection portfolio as well as Minister of Public Security Khemraj Ramjattan but got nowhere. She said she had dropped off a letter at the security hut at the Ministry of the Presidency in October last year asking President David Granger to intervene, but never even received an acknowledgement letter.
She told Sunday Stabroek that when Granger was opposition leader he had promised that once he got into office he would ensure she got justice.
“I seeing he [Ali] every day. He is living a normal life,” she said sadly, adding her sons were still badly affected by the ordeal.
The boys are now aged 15, 13 and 11. The eldest one, she said, had a vexatious mood and she expressed the belief that he was lashing out because of what had occurred. She said the boys would sit and talk to her about Ali and would repeatedly inquire about the case and when the trial would begin. “Ah does try my best. Ah does tell them dat I ain’t giving up… that I will keeping trying all the time,” she said.
She also questioned whether the hospital still had the medical records, noting that those could have been removed as well. She believes that the President, Ramjattan and current Social Protection Minister Amna Ally could help her and she called for an investigation into the disappearance of the documents. “It getting me delirious. Is like ah losing meh mind knowing that I ain’t gon get no justice fah me boys…,” she said clearly frustrated.
The charges alleged that Ali, of 268 Section ‘C’ 5 South Turkeyen, during December 2011 and January 2012, being a teacher attached to the Turkeyen Masjid, engaged in sexual activity with the children by abusing a position of trust. He was placed on a total of $1,300,000 bail.
The allegations of the abuse first came to light when CC&PA received an anonymous tip and officials there began an investigation that led them to the boys, who were then between the ages of four and ten.
The police were informed of the situation and after the boys were examined, Ali, who was employed with the Central Islamic Organisation of Guyana, was arrested, released on station bail and subsequently charged. Ali was also sent on leave, pending the outcome of the case.
