The Chambers of the Director of Public Prosecutions (DPP) yesterday said that Raymond Jones, the man who was freed on Friday after spending nine years on remand without a trial, was not indicted since additional evidence requested from the magistrate who presided over the preliminary inquiry into the charge against him was never presented.
“The Office of the Director of Public Prosecutions (DPP) wishes to state that there was no indictment for Raymond Jones,” the DPP’s Chambers said in a brief statement yesterday.
“The DPP did not prefer an indictment against Raymond Jones and there was no indictment against Raymond Jones and so the Judge did not quash an indictment,” the statement added.
It explained that between 2015 and 2021, three requests were made to the presiding magistrate for additional evidence but same was not presented.
“On three occasions, in 2015, October 2020 and recently in January 2021, the DPP had written to the magistrate for the additional evidence to be forwarded to these Chambers for an Indictment to be preferred but the additional evidence was not forwarded as requested by the DPP,” the statement stated.
Justice Sandil Kissoon on Friday ordered Jones’ release from the Guyana Prison Service after determining that his fundamental rights under Article 144 (1) of the Constitution had been violated.
Saying that the “unthinkable” had occurred in the case, Justice Kissoon had also ordered that the Ministry of Amerindian Affairs or other relevant institutions assist Jones 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.
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.
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.
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.
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.
“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.
Jones 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.
