The absence of a juror and one of the accused in the 2008 Bartica massacre, yesterday morning, hindered the continuation of the trial which was scheduled to commence at 9:00hrs before Justice Roxane George SC at the High Court in Georgetown.
At some minutes past 9:00hrs, defence attorney, Saphier Hussain, asked the judge to excuse his client, Dennis Williams, who was a no-show, citing “difficulties” at the prison.
“There are some difficulties at the prison, and he’sunable to be here this morning,” Hussain declared. Counsel did not expound on what those difficulties were.
Williams’ co-accused, Mark Royden Williams and Roger Simon, were however present and seated in the prisoner’s docks for the continuation of the matter.
Meanwhile, the foreman reported to the court that one of the jurors was unwell and could not attend yesterday’s hearing. He however said the person has indicated that they will be at court today.
Given the circumstances, Justice George adjourned the matter for continuation this morning.
In his address, Hussain further informed the court that his client no longer desired his services.
“Dennis has instructed that I be discharged from the matter,” Hussain said.
The judge however cautioned counsel to be present at the trial this morning when Dennis Williams is expected to be present to report on his progress during the course of yesterday, and of having another attorney.
Justice George said that once the accused is able to retain another counsel, that person will have to bring themselves up-to-date with the matter, as the court will be moving along with the trial.
She indicated that if not, it would be brought to the attention of the Chief Justice for arrangements to be made to have a state attorney assigned to the accused.
The judge informed Hussain that the Chief Justice can still assign him to the case, and as such he was ordered to ensure that he is present for today’s hearing.
The trial judge noted that delays will not be entertained, more so as the case nears its end. Justice George pointed out that a delay can be unfair to the Dennis Williams himself, while reminding that there are two other accused, who will also be affected.
The judge said that regarding time, it is especially a disadvantage for Simon, who is yet to lead his defence, for which his attorney Peter Hugh has already indicated to the court that they are prepared and awaiting.
Mark Royden Williams has completed his defence, while Simon is scheduled to proceed with his, after Dennis Williams.
During the prosecutor’s cross-examination of a witness called by Hussain on Tuesday, Justice George overruled, and allowed a question to which he had objected. The judge had cited that Hussain’s objection had no merit.
Even after ruling however, Hussain continued to argue with the court. The judge cautioned counsel that he was bordering on contempt.
It was at this point, that Hussain declared his intention to withdraw his representation of Dennis Williams and asked the court to leave.
Justice George, however, ordered Hussain to remain and continue his representation of the accused, saying that it would be unfair for Williams to have to retain another attorney at this stage of the trial, which is almost at its end.
The charges against the trio, are that on February 17, 2008; they murdered Lance Corporal Zaheer Zakir, and Constables Shane Fredericks and Ron Osborne, as well as Edwin Gilkes, Dexter Adrian, Irving Ferreira, Deonarine Singh, Ronald Gomes, Ashraf Khan, Abdool Yasseen, Errol Thomas, and Baldeo Singh.
