In history making Court Order
JUSTICE James Bovell-Drakes, in a history making order at the Demerara Assizes, granted bail for the first time to a murder accused because the Director of Public Prosecution (DPP) allegedly flouted a Court’s Order to present the Mc Lennon murder trial yesterday.

The murder accused, Trion Sumner, was granted $300,000 bail. Normally, murder was not considered to be a bailable offence.

The trouble started yesterday when Prosecutor Prethima Kissoon, who was expected to present the case of the Police vs. Squires Mc Lennon called ‘Killer’ and Trion Sumner called ‘Latie’ for the murder of Odingo Dingham Bryan called Odingo on August 9, 2004, presented the Fernandes murder case instead.

When asked by the judge the reason why his order was thwarted, prosecutor Kissoon explained that the prosecution was unable to contact the main witness.

But this explanation, the judge found, was most unsatisfactory and further questioned the prosecutor for the reason which prevented her from carrying out the orders of the Court.

Here again, Miss Kissoon explained that she was merely carrying out the instructions of the Director of Public Prosecutions.

The judge pointed out that it was a glaring case of contempt of the judge’s order, and requested the prosecutor to present the case of Mc Lennon as she was obliged to do.

The prosecutor said that she was not equipped with the necessary documents, resulting in the judge instructing his registrar to forward the Mc Lennon’s indictment to the prosecutor.

Armed with the indictment, Prosecutor Kissoon said she nevertheless would wish to have further instructions from the DPP.

At this stage, the judge made it clear to the prosecutor that if the case was not presented, he would have no alternative than to place the accused on bail.

Later, the judge told defence Counsel Mr. Basil Williams that he would wish to hear him on the quantum of bail.

Mr. Williams began by suggesting that the men should be allowed to go on their own bail since the prosecutor admits that the main witness could not be located. But this did not find favour with the judge. Mr. Williams then cited the 2000 – 2007 case of Hemchand Persaud where the Chief Justice (Ag.), Ian Chang, had allowed bail in the sum of $200,000 to the murder accused because his murder inquiry had been delayed continually. In that case, bail was granted pending the completion of the Preliminary Inquiry.

After a short adjournment to study the cited case, the judge granted bail in the sum of $300,000 with a similar surety to Sumner. But bail was refused Mc Lennon who, it is said, had another charge pending against him.

Sumner was granted bail in the sum of $300, 000 with surety in a like sum with an undertaking that he reports to the McKenzie Police Station every Monday until the matter is heard and determined.

In the event that the accused fails to report, the DPP will have the right to approach the court to demand that the bail bond be forfeited, the judge explained.

The accused mother, Mrs. Sumner who was in court, was expected to forward the bail money to the Registry late yesterday.

The crowded courtroom heard the judge expressing the hope that the case would be listed and heard at the earliest opportunity.