LENGTHY exchanges between the Prosecution and Defence dominated yesterday when four Guyana Defence Force (GDF) soldiers, including an officer, appeared before Magistrate Allan Wilson in Georgetown, charged jointly with the recent alleged armed robbery at Five Star, North West District.

The joint indictable charge was slapped against Lieutenant Lancelot Gordon, 21, of Lot 224 Steven Street, South Sophia, also in the city; 27-year-old Corporal Erwin Woodruff (no address given); Lance Corporal Shawn Lord, 20, of Lot 4 Old Road, Blankenburg, West Coast Demerara; and Lance Corporal Theon Moffat, 22, of Lot 85 South Haslington, East Coast Demerara.

Particulars of the offence said, last May 28, at Five Star Backdam, being armed with AK-47 rifles, they robbed Celso Da Sliva of one and a half ounces of raw gold, valued $246,000, property of Francesco Da Sliva.

Police Inspector Lloyd Thomas, prosecuting, objected to bail, on the grounds of the seriousness of the crime and the likelihood of the accused facing more charges.

But Mr. Vic Puran, one of the lawyers representing the quartet, said the Court cannot entertain the objection because the men are illegally in custody and were taken there in violation of the Guyana Constitution.

He submitted that the four were held for in excess of six days, when the Constitution only permits detention for three days and the Court should not surrender to an abuse by the Executive.

Puran said the State cannot advance any reason why the men’s constitutional rights were violated and should have sought permission from the High Court to detain them beyond 72 hours.

The lawyer was granted his request that, since the accused are in illegal custody, they be allowed to step outside the courtroom and return in as free men.

The Prosecutor opposed the exercise but the magistrate permitted it and, when the men returned, the charge was read to them, again.

This time, the Prosecutor asked that bail be denied pending further advice from the Director of Public Prosecutions (DPP).

Thomas said the virtual complainant and some of his workers were at their mining camp when the accused, each armed with an AK-47 rifle, attacked and robbed Celso Da Silva.

Thomas said a search of Gordon yielded two ounces of raw gold and cash in his possession.

Other Defence Counsel, former Army Officer Gregory Gaskin said the patrol on which the accused were was fully authorised by the GDF and they were lawfully carrying weapons, on the instruction of the Commanding Officer to check the North West District borders for any illegal operations.

Gaskin claimed that the virtual complainant informed the Police that he will not be coming forward to give any evidence.

ILLEGAL ALIEN
He said, according to his information, the virtual complainant is an illegal alien.

Gaskin added that the money recovered from Gordon belongs to the GDF and was given him to finance the patrol.

The lawyer maintained that, if proper investigations were conducted, the men would not have been prosecuted for the offence and he asked the Court to bear in mind that they had dealings with criminals and their protection should be assured by granting them bail.

Gaskin said the circumstances of the case certainly does not point to armed robbery, as the accused were invited by the virtual complainant to have lunch and stay overnight in the camp.

He declared that the prosecution of the men clearly shows that the Executive is trying to make someone an example and the Court ought not to deny the accused their freedom.

In response, the Prosecutor said he is not aware that the virtual complainant is an illegal alien and expressed fear that the accused men will tamper with the witnesses.

Puran rose, again, contending that the Prosecutor did not advance a reason for bail refusal and said the single issue is whether the accused will return for their trial, on which the State has been silent.

He said the initial investigation surrounded two allegations of gold and money robberies and the latter has disappeared while the gold found on Gordon is more than that mentioned in the charge.

Puran also challenged the Prosecutor to state on what basis Moffat was charged, claiming he was not fingered on the identification parade.

The Prosecutor replied that he was informed the men were all identified.

After the prolonged arguments on both sides, the lawyers succeeded in securing pre-trial liberty for the accused, in the sum of $100,000 each and the case was transferred to Matthews Ridge Court, also in North West District, for August 4.