THE filing of a constitutional motion by defence counsel, Basil Williams yesterday resulted in the temporary halt of the murder case involving Burt Lancaster being heard before Justice Dawn Gregory and a mixed jury. Lancaster and three others were indicted for murder. He turned up for trial last week, only to learn that, under a plea bargaining arrangement, one accused had pleaded guilty to manslaughter and the other had been made a witness for the prosecution.
Williams took a point in liminal to protest what had happened; but, up to yesterday morning, his move had been unsuccessful, until he announced that he had filed a constitutional motion seeking a conservatory order to stay the proceedings of the murder trial until the determination of the constitutional motion before the Chief Justice.
Mr. Williams indicated that he would be applying for this order before the Chief Justice at 11 o’clock this morning.
Justice Dawn Gregory has adjourned the murder trial to Wednesday.
The application for the constitutional motion has been made by Daniele Jarvis on behalf of her brother, Burt Lancaster, called “Moses”.
Among the declarations sought are:
A declaration that Lancaster’s right to a fair hearing on the criminal indictment of murder, brought jointly against him and Dawan Kawal, called ‘Avinash’, before the Honourable Madam Justice Dawn Gregory on the 25th day of  January, 2012, guaranteed under Article 144 (1) of the  Constitution of Guyana, has been contravened, is being contravened, or is likely to be contravened.
A Declaration that the plea agreement made  between the Director of Public Prosecutions (DPP) and the Attorney-at-Law representing the said Dawan Kawal, on or around the 21st day of May, 2010, providing for the said Dawan Kawal to plead not guilty to the offence of murder but guilty to the lesser offence of manslaughter, is unlawful, irregular, in breach of and contrary to Articles 144 (1) and 40 of the Constitution of Guyana; in breach of and contrary to Section 7 of the Criminal Procedure (plea bargaining and plea agreement) Act 2008; is in excess of and without jurisdiction; is unfair, unreasonable and arbitrary, and is null, void, and of no legal effect.