SCHOOL teacher, Ronald Forde, having faced four sexual indictments which stemmed from allegations that he had had penetrative sex with a student of the Fort Wellington Secondary School, had his matter discharged by Justice James Bovell-Drakes at the Berbice Assizes. The ruling came after Justice Bovell-Drakes recognized acting Chief Justice Ian Chang’s ruling on the Sexual Offences Act Number 7 of 2010, made on August 10 following a referral made under Article 153 [3] of the Constitution by Chief Magistrate Priya Sewnarine Beharry; who, on July 24 last, had asked the court to determine whether an accused could be lawfully committed to stand trial pursuant to the provision for paper committals under the Sexual Offences Act Number 7 of 2010, without giving him an opportunity to be heard.

Additionally, the Chief Magistrate had asked whether the provision of the Sexual Offences Act Number 7 of 2010, which do not permit the accused to be heard, are in breach of Articles 144[1], 144[2][d], and 144[e] of the Constitution of Guyana.

Consequently, acting Chief Justice Chang ruled that the accused could not be lawfully committed to stand trial pursuant to the provision for paper committals under the Sexual Offences Act 7/2010, without giving him an opportunity of being heard.

In addition, the Chief Justice ruled that there is a breach of Article 144[1], 144[2] [d], and 144[e] of the Constitution, as the accused person was not given an opportunity to be heard.

Explaining his decision to the 12-member jury panel, Justice James Bovell-Drakes noted that changes under the new provision of the Sexual Offences Act are as a result of Parliament, in its wisdom, passing the law which allows a statement taken by the police could go in as the deposition.
“I am of the view that it is not correct. Following a referral by the Chief Magistrate in Georgetown, the Chief Justice has made a decision that the provision is unconstitutional.

“My decision is that the preliminary (inquiry) conducted was a nullity, and everything that flows thereafter is a nullity, including the indictment.

“Simply put, nullity means zero. Zero multiplied by zero is zero. I have to discharge (the accused).”
Addressing the accused, who stood in the dock, Justice Bovell-Drakes said, “Mr. Forde, the police will have to charge you again in this matter. You are discharged.”

Earlier, the unrepresented accused had pleaded not guilty to the indictments.
Forde is alleged to have had sexual activity with a child by abusing a position of trust.

Particulars of the offence stated that between September 1 and 30, 2010, in the County of Berbice, Forde engaged in sexual activity with the student by penetrating her vagina with his penis, and at the material time, the alleged victim was fourteen years old and was a student receiving education at Fort Wellington Secondary School, at which the said Ronald Forde was a teacher; and the said Ronald Forde did not reasonably believe that she was eighteen years or over, and he knew, or reasonably could be expected to have known, of the position of trust he held in relation to the minor.

Fourteen witnesses, including Former Commander of Police “B” Division, Stephen Merai, were expected to testify during the state’s case, which was expected to commence on Tuesday, August 21.