Having determined that a man, who was on remand for more than nine years, had his fundamental rights under Article 144 (1) of the Constitution violated, Justice Sandil Kissoon yesterday ordered that criminal matters against him be stayed permanently and that he be released forthwith from the custody of the Guyana Prison Service.
Justice Kissoon, who had earlier said that the “unthinkable” had occurred in the case of Raymond Jones, also ordered that the Ministry of Amerindian Affairs or other relevant institutions assist the now freed man in ensuring that he journeys to his home village in Micobie Village, Potaro, Region Nine.
Jones was accused of murdering Gary Joseph with a bow and arrow sometime between December 26 and December 27, 2012. He was remanded to prison on December 28, 2012 and has remained in jail ever since.
According to Article 141 (1) “If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”
Justice Kissoon pointed out that Jones spent nine years, six months and 18 days on remand, which is equivalent to 13 prison years. All of this occurred while he was clothed with the presumption of innocence.
An impassioned Justice Kissoon told his court that in Jones’ case a “grave tragedy” occurred and the injustice was not the singular cause for concern but also the “gross dereliction” that was meted out to an accused, who was voiceless as he was unrepresented.
Making reference to the statement allegedly given to the police by Jones following his arrest, Justice Kissoon said the man stated that he was at home when his son went to him covered in blood with an injury to his throat. The child told his father that the injury was inflicted by Joseph and he became upset and collected his bow and arrow and went in search of the man, whom he found drinking at a shop.
He allegedly spoke to Joseph who attempted to run and Jones said he shot him twice with the bow and arrow.
He was charged in 2012 with murder and was later committed to stand trial. According to the judge, months after the committal and the depositions from the preliminary inquiry were sent to the office of the Director of Public Prosecution (DPP) in April of 2015, a letter was sent by the DPP to the presiding magistrate to correct “identifiable” mistakes. The judge said that having examined the directives sent to the magistrate by the DPP it raises questions about the committal by the magistrate but he noted that such is a non-issue in the context of which he gave his decision yesterday.
He pointed out that seven years after the directive of the DPP, the presiding magistrate, who he did not name, had failed to comply and an order in relation to the matter given by his court last year has also not been acted upon.
Jail delivery
The matter was brought to the attention of Justice Kissoon during jail delivery by the Superintendent of Prisons, who pointed out the delay and conditions under which Jones remained on remand.
The judge disclosed that “to end his agony” Jones had agreed to plead to the lesser account of manslaughter as he felt that was his only option. Justice Kissoon last year then directed that the accused be taken before a judge in the High Court in Essequibo. But a year later, Jones was brought once again before Justice Kissoon and was still unable to enter the plea to “bring his personal agony” to an end.
Likening the above to the “atrocities and audacity that confronts his court” Justice Kissoon noted that he had been advised by the prison that should Jones remain in prison up to December of this year then he would have spent the equivalent of a 15-year prison sentence notwithstanding the fact that a proper preliminary inquiry was not conducted.
“I am unable to contemplate how did we in the criminal justice system arrive at this juncture where in 2022 a citizen can serve a 15-year sentence on remand and this is somehow acceptable,” Justice Kissoon commented.
He described the violation of Jones’ fundamental rights as “striking” and a failure of the criminal justice system. And if it was not for the prison service the court would not have been made aware of Jones’ case.
Justice Kissoon, who cited several cases to arrive at his decision, pointed out that the exceptional circumstances under which Jones is before him requires him to act to avoid the continued denial of justice. As a result, he found that the fundamental protection afforded to Jones had been and continued to be violated and infringed upon in the inordinate remand of pretrial incarceration of a prison term slightly less than 15 years.
He ordered that Jones be freed.
In 2012 Stabroek News reported that Jones was remanded to prison by Magistrate Priya Sewnarine-Beharry after his arraignment.
At the time, the prosecution had said Joseph and several friends were drinking at a shop when the defendant inquired from him about what he had done to his son. The accused, armed with an arrow and bow, then allegedly shot Joseph. The injured man was then rushed to the Mahdia Hospital, from where he was later transferred to the Georgetown Public Hospital, where he later succumbed to his injuries.
Jones was not required to plead to the charge and the case was transferred to the Mahdia Magistrate’s Court for January 16, 2013.
