In a major decision, the Guyana Court of Appeal yesterday overturned former acting Chief Justice Ian Chang’s ruling that the paper committal process under the Sexual Offences Act was unconstitutional and found that the Act balanced the rights of the victims and the accused.
In setting aside Justice Chang’s 2014 ruling, which had been stayed by Justice B.S. Roy, the Court affirmed Magistrate Sherdel Isaacs-Marcus’ committal to the High Court of rape accused Ray Bacchus.
Then Attorney-General Anil Nandlall had appealed Justice Chang’s decision, which led to Justice Roy granting his request for a stay of execution of the decision.
Since the committal has been validated, an order will now have to be issued by the Director of Public Prosecutions to indict Bacchus, who was charged with sexual penetration of a child under the age of 16 in January of 2014.