Former murder accused Matthew Munroe, who had been charged with the killing of schoolteacher Kescia Branche, has filed a multi-million dollar lawsuit against the state for damages over the four and a half years he was in custody without trial, contending that it violated his constitutional rights.
In proceedings initiated by his attorney, Dexter Todd, Munroe has listed Attorney General Anil Nandlall, SC, and Director of Public Prosecutions Shalimar Ali-Hack, SC as the respondents.
According to his Statement of Claim, he is seeking declarations that his arrest and/or detention for a period of four years and six months without trial was unreasonable and was in contravention of Articles 139 and 144 of the Constitution and that he is entitled to compensation for unconstitutional deprivation of his liberty and damages.
Article 139 guarantees citizens’ right to liberty, while Article 144 establishes the right to a fair hearing within a reasonable time by an independent and impartial court established by law.
Munroe is specifically seeking damages in excess of $50 million for “loss of liberty, unlawful detention and delay in reasonable trial” for the period he was held. He has also asked for damages in excess of $100,000 for what he contends was the “wrongful advancement” of the charge of murder against him without circumstantial basis for doing so; in excess of the same amount for wrongful detention; in excess of the same amount for unlawful detention and the breach of his fundamental right to liberty, contrary to Article 139 of the Constitution; compensatory damages; interest; costs; and any other awards the court may deem just.
According to the suit, Munroe remained in custody from November, 2017 to May, 2022, when his indictment was presented and he was acquitted of the charges against him by Justice Sandil Kissoon after the prosecution failed to establish a case against him.
Munroe was charged on December 6, 2017 with the offence of murder and was remanded to prison by Magistrate Judy Latchman Court following the institution of the charge.
He was subsequently committed to stand trial on October 16, 2018 and he was indicted in September 2020 for the offence of murder, to stand trial in the Demerara Criminal Assizes.
The suit states that Munroe’s name was recorded as number 76 on the List of Cases published in the Official Gazette on the 3rd day of October 2020, for the October 2020 Criminal Assizes, which were fixed to commence on the 6th day of October 2020, however, his case was never called until May of 2022.
It further notes that Munroe’s attorney wrote to the Director of Public Prosecution continuously from October, 2018 to July 2021 for his discharge, arguing that there was no evidence to secure a conviction against him, that he was innocent and that he was unjustly being detained.
His trial eventually commenced after repeated civil action was filed on his behalf by his wife for certain Administrative Orders, including declarations that his constitutional rights were being breached by his continued incarceration, and that he be released on bail or in the alternative that his trial be commenced within a specific time.
According to the particulars of compensatory damages, the case against Munroe was presented in May 2022, even though the same was gazetted to be called in the year 2020’s Criminal Session in the High Court of the Supreme Court of Judicature. As a result, he ended up being in custody from when he was arrested on November 28, 2017, to May 2022, a total of four years and six months, with the absence of any legal basis for the institution of the charge of murder.
He contends that at the Case Management Conference held with Justice Kissoon, Defence Counsel and State Prosecutor, the State Prosecutor disclosed that there was no real evidence linking him to the crime but was however instructed by the Director of Public Prosecution to still proceed and present the indictment.
“The indictment was presented and the State was allowed to call their first three witnesses, however, at the conclusion of hearing the three witnesses, the Honourable Trial Judge asked for a second Case Management Conference and informed both Counsels that the Honourable Trial Judge had consulted with the Honourable Chief Justice as he was very concerned about the waste of judicial time and has since come to the conclusion that the prosecution will close their case and the jury will be so directed to return a verdict of not guilty,” Munroe further contends.
Munroe is also claiming that he lost income as a marketing agent employed by Puran Brothers Inc., representing $160,000 per month for fifty-four months, equivalent to $8,640,000.
He has also claimed loss of income as a taxi driver with an average income of $300,000 per month for fifty-four months, equivalent to $16,200,000.
Following Munroe’s release in May, Todd had bemoaned the incidents of the office of the Director of Public Prosecutions instituting charges which cannot stand, and contended that the case showed no connection by Munroe with the commission of the crime.
Both Todd and Munroe had called for a reopening of the investigation as a result.
