Police constables Julian Smartt, and Winston Williams, reappeared at the Georgetown Magistrate’s Court yesterday where they were charged with bribery, a day after an incomplete file caused that matter and another pertaining to an $8m robbery to be thrown out.
It is alleged that on November 29, while at the Prashad Nagar police outpost in Georgetown, and being agents of the Government of Guyana, they attempted to obtain from Chinese national, Qi Lin, the sum of $150,000 as an inducement to forego prosecution for using a cellphone while operating a motor vehicle, while said vehicle was uninsured and unlicensed and act in relation to their principal affairs.
Additionally, Williams was charged after it was alleged that on the day in question at Amla Avenue, Prashad Nagar, and while being an agent of the Government of Guyana, he obtained from Qi Lin, the sum of $30,000 for his personal use and as an inducement for forgoing prosecution for use of a cellphone while operating a motor vehicle, as well as operating an uninsured and unlicensed motor vehicle.
Both men plead not guilty to the charges.
Police legal advisor, Mandel Moore, also appeared at the Georgetown Magistrate’s Court alongside the prosecution. He informed the Chief Magistrate (ag) Sherdel Isaacs-Marcus that the prosecution was in possession of the fiat which was not present the day before and was objecting to bail based on the seriousness, prevalence, and gravity of the offence, as well as the penalty it attracted.
He also made a point of reminding the court that two accused were serving members of the Guyana Police Force.
Smartt’s attorney, Patrice Henry who made an application for bail, told the court that his client was taken into custody on Tuesday after the court had concluded the case and when he intervened personally and requested bail on his clients’ behalf, the police granted it at the sum of $10 million.
Calling it a deliberate move by the police to keep his client in detention, he noted that it shows clearly, the attitude of the police, remarking that at this stage of the case the defendants should be presumed innocent, and quoting Section 6 of the Bail Act.
He went on to ask the court to take judicial notice of the period his client was in custody up to the time of his termination of employment by the Guyana Police Force. Henry also stressed that his client was not a flight risk and would accept bail with imposed bail conditions if granted.
Attorney-at-law Jevon Cox, Williams’ defence counsel, told the court that the police placing his client on bail yesterday after the court proceedings and appearing today to object to bail on the grounds submitted to the court presents the view that denial of bail is being used punitively.
Cox told the court that his client stands ready to abide by the conditions imposed on bail granted by the court and is not a flight risk, and to consider the fact that he is now unemployed.
The magistrate inquired of Moore, the reason for his involvement in the case since the police had granted the defendants bail. Moore explained that the facts in the matter remain the same and reminded the magistrate that both Smartt and Williams were agents of the state when the incident occurred.
The magistrate after hearing arguments from both sides, opted to not grant bail based on the grounds presented by the prosecution and since the matter is of public interest.
The duo’s next scheduled court appearance will be on December 20.
When the two constables appeared in court on Tuesday, it was alleged that on November 29, while at Prashad Nagar, Georgetown, they conspired together along with two others to rob Qi Lin, of $8 million in cash while armed with a gun.
A statement earlier on Tuesday from the police had said that detectives are in possession of evidence showing constable Smartt taking the suspects to the crime scene. After the robbery was committed, Smartt and Williams (both of whom were on motorcycles and in uniform) were seen escorting the suspects to an area known as Rasville. Both ranks were promptly arrested and questioned by investigators. Efforts are ongoing to arrest the principal offenders, the police said.
A file was prepared and sent to Moore, who advised that, based on the facts, there is sufficient evidence to charge both accused jointly with the offence of ‘Conspiracy to Commit a Felony, to wit Robbery Under Arms, contrary to Section 34 of the Criminal Law (Offences) Act, Chapter 8:01.
