The Odinga Bryan murder trial….
JUSTICE Diane Insanally on Friday suspended an order by Justice James Bovell-Drakes granting bail to murder accused Trion Sumner, and ordered instead that the prisoner be joined in the proceedings brought by the DPP as an interested party.

Defence counsel Mr. Basil Williams, who claimed that although present he was not allowed to take part in the ex-parte proceedings, is alleging that the judge did not have jurisdiction to hear the matter.

The judge granted the suspension of the Bail Order at the hearing of an ex-parte application by the Director of Public Prosecutions (DPP) for a Conservatory Order, staying and or suspending the execution of the Order made on January 28, 2010, for the granting of bail for the capital offence of murder.

Leading lawyer for the applicant was Mr. Mohabir Anil Nandlall and included Mr. Euclin Gomes & Mr. Manoj Narayan.

Attorney-at-Law, Basil Williams, who invaded the meeting in Chambers, told the Chronicle that he was not given an opportunity to be heard. But according to him, his client was joined as an interested party to the proceedings.
The matter was adjourned to February 15th, 2010.
The affidavit in answer for the Conservatory Order was made by Prosecutor, Miss Prithima Kissoon of the DPP Chambers.

In her affidavit, Miss Kissoon, who was presenting another murder case instead of that of Trion Sumner, as previously ordered by Judge Bovell-Drakes when the controversial bail order was made, had given a history of the law as it related to the DPP and her authorities.

According to her, the judge had wanted her to present for trial the case of the State v. Squires Mc Lennon and Trion Sumner for murder because of the length of time the accused had been incarcerated without trial.

“Notwithstanding my representation that the State was not in a position to do so, and that I was not in possession of the file thereof,” Kissoon said, “the said judge, in open Court, issued threats to me leading me to conclude that His Honour will hold me in contempt for disobedience of an Order which His Honour contended he made on the 12th January 2010, compelling the Director of Public Prosecutions to present the indictment State –v-Squires Mc Lennon and Trion Sumner indictment for murder.”

Thereafter, she continued, “His Honour proceeded to order me to present the indictment against the aforesaid accused persons, notwithstanding my repeated applications for an adjournment, since I was not in a position to do so, and thereafter, His Honour made an offer granting bail in the sum of $300,000, with like surety to Trion Sumner but did not grant bail to Squires Mc Lennon.”

Noting that she was acting on the authority of the DPP, Kissoon said: “ (I) do verily believe that she is the sole authority to determine the order in which indictments are presented before the Assizes, save and except upon an order of Court made pursuant to Proceedings filed in that behalf and served upon the State as a Respondent thereto and/or an order made by the Court under section 14 of the Criminal Law (procedure) Act, Chapter 10:01.”

In her conservatory Order Friday, Justice Insanally declared, upon reading the ex-parte application by way of affidavit for Conservatory Orders on the part of the Director of Public Prosecutions: “The above-named Applicant filed herein on the 29th day of January 2010 and upon hearing Attorney-at-law for the Applicant, it is ordered that a Conservatory is hereby granted staying and/or suspending the execution of the Order of the Honourable Mr. Justice James Bovell-Drakes made on the 26th January, 2010, at the Demerara Assizes, granting bail to Trion Sumner, indicted for the capital offence of murder, until the hearing and determination of the Notice of Motion filed herein.

“And it is further ordered that leave be and is hereby granted joining Trion Sumner as an interested party to these proceedings. It is further ordered that a copy of these proceedings be served upon Mr. Basil Williams, Attorney-at-law, within 5 days. The matter is adjourned to the 15th day of February, 2010 at 9 a.m. in Bail Court.”