WHEN the hearing of the suspended bail order for murder accused Trion Sumner   comes up in the High Court on Monday, before Justice George,  the judge is expected  to rule whether or not to entertain submissions from Counsel Fitz Peters in relation to Judge James Bovell-Drakes. After Judge Bovell-Drakes had granted the accused bail  because the DPP had allegedly contravened the right  to the accused to a fair trial within a reasonable time, the judge who  had ordered  the DPP  to fix trial  at a certain date , which order was thwarted, he granted the accused bail in the sum of $300, 000, with a similar surety.
Following this, the DPP challenged the bail order by way of a notice of motion, resulting in justice Diane Insanilly  suspending the Order by Judge Bovell-Drakes.
Since then, Sumner’s counsel Mr. Basil Williams got his client to say in an affidavit in answer that the Order of Justice  Bovell-Drakes is valid, legal and binding on all the world, until set aside.
According to him, having ordered the  DPP to prefer the said indictment next,  the DPP had to comply. The DPP could not appeal the order, it being “made in a  criminal cause or matter.”
Relative to the above, State Counsel Miss Prithima Kissoon, in  an affidavit in reply, said that she was advised by counsel Mohabir Anil Nandlall and believes that the said order is  ex  facie, factually inaccurate, and legally misconceived.
The hearing continues on Monday.