Pandemonium breaks out as police re-arrest freed prisoners
PANDEMONIUM broke out at the Berbice Assizes yesterday after two men, freed of murder and discharged by Justice Franklyn Holder, experienced short-lived freedom, before being re-arrested to face the same charge, hours later, in a New Amsterdam Magistrate’s Court.
During the fracas, which lasted about ten minutes, arresting policeman Phillip Walters had his spectacles and a gold chain around his neck damaged as he struggled between the relatives of the men in the effort to take them back into custody.
Earlier, defence counsels Kim Kyte-John and Vic Puran had their no-case submissions upheld by Justice Holder, who quashed the committals and indictments, on the ground that they were bad in law.
On being told of their discharge, Ganshan Jaggassar and Devindra Harrichand alias ‘Bara’ left the courtroom hurriedly and found themselves in the inviting arms of relatives. But the Police, acting on instructions from the Director of Public Prosecutions (DPP), moved to arrest the men amidst fierce resistance.
Jaggassar returned quickly into the courtroom and attempted to flee through the judge’s chambers but was blocked by Justice Holder, who stood in the doorway, while Harrichand ran to the main stairway of the High Court building and was apprehended by Police Sergeant Godfrey Platter.
Subsequently, around 14:00hrs, the duo appeared before Magistrate Adela Nagamootoo and had the charge for the capital offence read to them again.
The now remanded prisoners are accused of unlawfully killing Gary Simon on December 18, 2004 at Nigg Settlement, Corentyne, Berbice.
In front of the magistrate, Puran, also holding the brief for Kyte-John, submitted that the re-reading of the charge is an abuse of the court process.
He reminded that the committal was quashed by the judge and contended that those who had the responsibility to see that the process was good did not perform their constitutional duties.
Puran maintained that the State failed to act in a timely manner but the Defence is prepared to begin the preliminary inquiry (PI).
The magistrate transferred the case to Albion Court, Corentyne, for March 13.
Last February 22, the first trial was halted abruptly, after one of the jurors was found to have an acute hearing impediment.