– seeking to have unending trial end via constitutional motion
FOUR  persons who have been charged since 2004 with stealing $24,052,120 in Mini Mat Suiting material from Malcolm Panday’s undertaking, and still have the crime hanging over their heads, after passing through five magistrates, are now seeking to end the matter via Constitutional Motion. The applicants, Dinesh Singh,  Deoroop Sugrim, Kumar Kallidin and Dennis Ramkarran, have filed a motion seeking declarations to the effect that their constitutional rights are contravened.
They are being represented by Mr. Euclin Gomes, Mr. Anil Nandlall and Manoj Narayan.
The Attorney General of Guyana and the Director of Public Prosecutions are named Respondents.
Among other things, the applicants are seeking :
* a declaration that it is contrary and in breach of the applicants right to a fair trial within a reasonable time as guaranteed by Article 144 of the Constitution of Guyana , for the 2nd named defendant to proceed with trial of the matters at the Sparendaam Magistrate Court, or at all.
* an order staying the prosecution of the matter permanently, and
* an Order returning to the applicants all cash and or instruments of surety lodged with the clerk of Court for the purpose of securing bail in relation to the matters.
The applicants, in their affidavit in support of the motion, declared that on the 24th day of February, 2004, they were arrested and subsequently charged  and placed before Her Worship Magistrate Melissa Robertson-Ogle with the offence of larceny by clerk or servant, contrary to Section 184 of the Criminal Law (Offences)  Act Chapter 8:01.
The particulars of the charge allege that sometime between the 3rd and 25th day of February, 2004,  the applicants, whilst being clerk and/or servants of Malcolm Panday, stole a quantity of Mini Mat suiting material valued at
$24, 052, 120. At that hearing an application for bail was made by Mr. Anil Nandlall, attorney-at-law for Dinesh Singh, Deoroop Sugrim and Kumar Kallidin, while Ms. Priya Manickchand, attorney-at-Law made a similar application for Dennis Ramkarran.
At the hearing, they pleaded not guilty to the charges and were placed on
$1,200,000 bail each.  The matters were transferred to the Sparendaam Magistrate Court, where an application for the reduction of bail was favourably considered by Magistrate Jerrick Stephney, who reduced the bail to $300,000 for each defendant.
The applicants said that during the past six years and two months, they had been appearing in Court on each and every occasion they were required to do so, appearing before a new magistrate who had to go over all the work previously done.
So far they have appeared before five magistrates.
The applicants also complain that they fear that witnesses now called may not recall accurately those matters about which they would be required to testify.
According to them, they had been advised by their lawyers that it will be unlawful, unreasonable, unfair, oppressive, an abuse of process and unconstitutional to proceed with a trial now or in the future, and that any trial now or in the future will certainly result in a miscarriage of justice.