The late filing of submissions by the State has delayed the hearing of the appeal filed by former Guyana Defence Force (GDF) coastguards Sherwyn Hart, Deon Greenidge and Devon Gordon who are challenging the death penalty imposed against them for the 2009 murder of Bartica gold dealer Dweive Kant Ramdass.
The matter had been set for hearing yesterday morning. When the case was called, however, the court was unable to proceed because Prosecutor Dionne McCammon had not filed and served her submissions on time.
In keeping with previous timelines set by the court, the State’s submissions ought to have been filed no later than March 2nd. These were, however, late by a little over a week.
The submissions were only filed and served last Thursday—March 11th.
Chancellor Yonette Cummings-Edwards upbraided McCammon for the tardiness, emphasizing that when timelines are set by the court, they are to be observed.
When asked, an apologetic McCammon confirmed to the Chancellor that where submissions are late the proper procedure is to seek leave from the court for an extension of time. The prosecutor did not, however, do this; and did not offer an explanation as to why she also did not follow the rules.
Both she and Director of Public Prosecutions Shalimar Ali-Hack who attended the virtual hearing offered their repeated apologies.
Chancellor Cummings-Edwards sounded a stern warning for timelines to be adhered to, noting their importance in dispensing with the many cases before the court in a timely manner.
The visibly perturbed judge described the delay as “unnecessary.”
Counsel for the appellants have now been given 10 days to respond the state’s submissions and the state will then respond thereafter, if need be. The matter is returnable to court for April 6th for arguments.
On January 13th, counsel for the appellants were granted leave to file what they described as “fresh evidence” pertaining to their clients who have each been sentenced to death. Attorney Nigel Hughes who represents Hart and Greenidge said he wanted to lay over reports of experts on the death penalty and how it affects the appellants. Attorney Latchmie Rahamat who represents Gordon supported Hughes’ application.
McCammon had objected to the experts themselves testifying but said that the state had no issue with their reports forming part of the appeal.
The matter is being heard by the Chancellor and Justices of Appeal Dawn Gregory and Rishi Persaud.
Following a High Court trial back in 2013 a jury had found Hart, Greenidge and Gordon guilty of murdering Ramdass. Justice Franklyn Holder would subsequently sentence them to death.
The prosecution’s case has been that the three threw Ramdass overboard between August 20 and August 22, 2009, at Caiman Hole, East Bank Essequibo, after robbing him of $17 million he had been paid for a quantity of gold he sold to two men.
