Narcotics accused denied trial for 17 years

– blames prosecution for dilemma

FORTY-three year old Vicram Suebarran who was charged with a narcotic offence 17 years ago said that although he was committed to stand trial since 1997, no date has yet been fixed for his trial.

As a consequence, in a constitutional motion he is seeking:

(a) An Order or rule Nisi of Certiorari quashing or setting aside the charge of trafficking in narcotics instituted against the Applicant;
(b) A permanent stay of the proceedings by or on behalf of the State against the Applicant for the charge of trafficking in narcotics instituted against the Applicant;
(c) A declaration that the Applicant can no longer enjoy a fair trial;
(d) A declaration that the Applicant’s right to a fair hearing within a reasonable time as guaranteed by the provision of Article 144 of the Constitution of the Co-operative Republic of Guyana has been infringed;
(e) Damages in excess of $100,000 for breach of the Applicant’s fundamental right to a fair hearing as guaranteed by Article 144 of the Constitution of the Republic of Guyana.

The Notice of Motion was issued by Mr. Madan Kissoon, Attorney-at-law for the Applicant, Vicram Suebarran.
In an affidavit in support of the Motion, the Applicant said that he is a citizen of Guyana and a senior manager of COPS Guyana.
On the 1st day of April, 1997 he was arrested as a suspect for the offence of trafficking in narcotics and was remanded to custody.
That the hearing of the Preliminary Inquiry was commenced before His Worship Mr. Juman Yassin.
On the 16th of April, 1997 Mr. Juman-Yassin committed Your Petitioner to stand trial at the next sitting of the Assizes for the offence of trafficking in narcotics.
The Applicant added that “during the month of February, 1998 I was admitted to bail in the sum of $200,000 with the condition that I lodge my passport with the police at CID Headquarters, Eve Leary.
“Several witnesses testified before the learned Magistrate during the conduct of the Preliminary Inquiry.
“ I am advised by my Attorney-at-law and verily believe same to be true that Article 144 of the Constitution of the Co-operative Republic of Guyana provides: “If any person is charged with a criminal offence,then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
I am advised by my Attorney-at-law and verily believe same to be true that to date I have not received a date for trial and the State is guilty of grossly inordinate delay.
I am advised by my Attorney-at-law and verily believe same to be true that the failure of the State to prosecute within 17 years is an infringement of my Constitutional right to a fair hearing as guaranteed under Section 144 of the Constitution of the Co-operative Republic of Guyana.
The Chief Justice will shortly fix a date for the hearing of this matter.

(By George Barclay)

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