FIFTY-YEAR-OLD Dharampaul called Ramesh, of Soesdyke, East Bank Demertara, was, on January 28 last, committed to stand trial at the next criminal sessions of the Demerara Assizes, after a history-making preliminary inquiry (PI) in this country’s judicial history. It was the first ever case of a paper committal, on which the accused will be tried for, allegedly, having carnal knowledge on a nine-year-old girl.
Acting Chief Magistrate Priya Sewnarine-Beharry completed the pre-trial process in two sittings over eight days, finding that a prima facie case had been made out against the accused.
The State was represented by police prosecutors, Inspector Steven Telford and Sergeant Lionel Harvey and attorney-at-law Mr. Gregory Gaskin appeared for the defence.
Particulars of the offence said, between December 2009 and October 2010, the accused committed the acts of a sexual nature with the minor.
Following a report at Timehri Police Station, on October 19, 2010, Dharampaul was arrested the next day and made his first court appearance on October 25, 2010.
But when the prosecution sought to file the Statements of Evidence on December 22, 2010, it was 13 days past the time and, for that reason, the accused was discharged but he was re-arrested immediately and a fresh charge was laid against him.
The Statements of Evidence were filed on January 10, 2011 and the case was called on January 20, 2011.
In a departure from traditional court procedure, the Acting Chief Magistrate descended from the bench and adjudicated from a desk in the well of the courtroom.
Also seated were the prosecutors, the virtual complainant, her guardian, the accused and defence counsel and the prosecutors and the lawyer were allowed to remain in their seats when addressing the court and making submissions.
At the conclusion, the magistrate was commended by Telford and Gaskin on the conduct of the procedure.
Gaskin remarked that the entire exercise was sympathetic to all parties, as it allowed the virtual complainant to retain her dignity, while treating with the accused in a manner that assumed his innocence until guilt is established beyond reasonable doubt.
On May 24, 2010, President Bharrat Jagdeo assented to the Sexual Offences Bill that resulted in the radical changes that broaden the definition of rape to include any intrusion, however slight, of any part of a person’s body or insertion of any object into the vagina or anus of another person.