Historic trial lasted 30 minutes
AMERINDIAN murder accused Justin John, 55, who allegedly killed his brother 7 years ago and had his right to a fair hearing within a reasonable time violated, was freed on one of the shortest no-case submissions yesterday.
The accused, who at his trial last week turned down an offer to plead guilty and benefit from a light penalty, pleaded not guilty on the resumption yesterday,  resulting in a 12-member jury being empanelled to try the case.
State Prosecutor Miss Shivani Balcharan, with Mrs. Judith Gildharie-Mursalin, called a single witness before closing her case. The witness, Policeman Jessie Brown, an Amerindian from the Lethem Police Station, testified that he witnessed a caution statement which the accused had given to the Police.
The witness had also said that he signed the statement as a witness and had performed the duties of an interpreter, since the accused did not speak English.
Following the closure of the Prosecution’s case, Attorney-at-law Mr. Vidyanand Persaud, associated with Mrs. Praba Persaud-Kissoon, for the accused, submitted that the evidence did not disclose a case against the accused.
The judge agreed with the submissions as well as with observations by counsel that in this case, the rights of the accused to a hearing within a reasonable time was violated.
The judge apologized to the accused for the unfortunate delay. He disagreed with counsel that the delay was due to the fault in the justice system, but was of the view that it was due to the operation of the system itself.
The accused, from South Pakaraimas, was charged in May, 2003, for the murder of his brother, Richard John.
Although he was charged on that date, the preliminary inquiry did not commence until the 8th of March, 2005.
Evidence was then next taken on the 7th of March 2006;  then again in March, 2007. He was eventually committed to stand trial when the preliminary inquiry ended in June 2008.
During that entire period, he was in custody and the record revealed that on several occasions he was not taken to court at Lethem.
After his committal, he was indicted for manslaughter but was not admitted to bail although the offence became a bailable one.
Yesterday, Attorney-at-law, Mr. Gino Persaud, who is concerned with matters about the welfare of the Amerindian Community, was, through the Amerindian Affairs Ministry, making arrangements to accommodate the accused in Georgetown until transportation is established for him to travel back to the Rupununi.

Upholding the submissions yesterday, Justice William Ramlal directed the mixed jury to return a formal verdict of not guilty in favour of the accused.