Clearly overwhelmed by emotion and moved to tears, Jones Raymond spoke of what he described to be a harrowing experience he was made to endure in prison on remand for close to a decade.
His solace now, though quite likely not the only one, was evident by the expressions of relief perhaps only a freed man knows, but also being able to see and hug his daughter who is equally elated to have her father in her care.
The sails were adjusted in Raymond’s turbulent journey last Friday when High Court Judge Sandil Kissoon determined that after being on remand for more than nine years, his fundamental rights under Article 144 (1) of the Constitution had been grossly violated.
In so finding, the Judge ordered that the capital charge previously levelled against him be permanently stayed and that he be released forthwith from the custody of the Guyana Prison Service.
The Judge lamented as being “unthinkable” the constitutional violation he said that was meted out to Raymond.
At a press conference yesterday in the company of his attorney Teriq Mohammed, Jones in tears described the conditions in prison as unbearable and that it was only his faith that kept him.
He said that his experience on remand was a frustrating one, which he felt he could not endure any longer. Fighting to hold back tears, Raymond exclaimed “I get poison. I get shot.”
He lamented the food which he described as being below par, as “slush.”
Seemingly intent on looking forward to the life ahead of him, however, Raymond said he relied on God and prayers to see him through and is happy to finally be freed.
“I am lucky today,” he said, while adding that he was happy to also see his children.
Civil suit
Mohammed has said that while he is still in conversation with the family, a civil suit against the State for the violation against his client, is very likely.
Raymond’s case of persons languishing in prison on remand awaiting trial for murder is not an isolated one facing the criminal justice system.
Asked to comment on the issue, Mohammed pointed to Justice Kissoon’s ruling which he said was very specific which he said mirrors his own personal views.
The lawyer went further to opine that had the matter not come up at all, “he would have stayed in jail and languished away.”
Mohammed said that with his client being of Amerindian descent “I feel like they don’t have the representation they truly need.”
Against this background he expressed the belief that had no one taken on Raymond’s case, he believes he would have still been in prison.
“The only way I can sum it up is justice delayed is justice denied,” Mohammed said.
Mohammed told this newspaper that Raymond who hails from Micobie Village, Potaro, Region Nine is unable to return to the village, as the house he once called home no longer stands. The lawyer said that it was destroyed over the years.
He did, however, indicate when asked, that the man is currently residing with his daughter on the East Coast of Demerara.
Raymond was accused of murdering Gary Joseph with an arrow and bow sometime between December 26 and December 27, 2012. He was remanded to prison on December 28, 2012 and had remained in jail until last Friday.
Article 141 (1) says “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 had pointed out that Raymond 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 Raymond’s 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 Raymond 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 Raymond 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 (PI) 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 raised questions about the committal by the magistrate but he noted that this was not an issue in the context of which he gave his decision on Friday.
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 had also not been acted upon.
The Magistrate who conducted the preliminary inquiry was Allan Wilson.
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 Raymond remained on remand.
He described the violation of Raymond’s 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 Raymond’s case.
The Chambers of the DPP in a statement on Saturday said that he was never indicted, since additional evidence requested from the Magistrate who presided over the PI into the charge was never presented.
“The Office of the Director of Public Prosecutions (DPP) wishes to state that there was no indictment for Raymond Jones [Jones Raymond],” the DPP’s statement said; before adding that between 2015 and 2021, three requests were made to the Magistrate for additional evidence but none was ever presented.
