JUSTICE Dianne Inshanally has ordered that the case for the prosecution, surrounding the receipt of a stolen Guyana Defence Force (GDF) AK-47 assault rifle, be completed in four months after an eight-year hearing in New Amsterdam Magistrate’s Court, failing which the proceeds shall be permanently stayed.
The order or rule nisi was served on Magistrate Adela Nagamootoo in Berbice last Friday following a petition by attorney-at-law, Murseline Bacchus on behalf of Raymond La Fleur.
La Fleur, who is currently on the run having been sentenced, in absentia, to five years imprisonment for robbery under arms, moved to the High Court to prohibit Magistrate Nagamootoo from proceeding further with the trial in which he is facing five counts of being in possession of ammunition without having the relevant licences.
The fugitive is also charged with being in possession of a firearm without the necessary permit.
Another directive to Magistrate Nagamootoo, the Director of Public Prosecutions (DPP) and the Commissioner of Police prohibits any of them from trying La Fleur for the offence of receiving stolen property, unless good and sufficient cause be shown why the order or rule nisi should not be made absolute.
The judge also issued an order or rule nisi staying all proceedings on the charges filed against La Fleur, who, in his supporting affidavit, said he operates a grocery at his Lot 28 Vryheid Village, West Canje transported property.
The 36-year-old man said, on September 10, 2004, he was arrested by police whilst crossing the Berbice River and taken to Central Police Station, New Amsterdam, where Nigel Henry was in custody.
ALLEGATION
La Fleur said the police informed him that a rifle was stolen from the GDF, an allegation which he denied. He said, when he was arrested, initially, one Roy Lewis, of Princes Street, Georgetown, was in his company and that individual, together with Henry and himself were taken to a house in Tucber Park, New Amsterdam, which was occupied by Clevon Thomas and, later, told that arms and ammunition were found there.
On August 6, 2004, La Fleur, Henry and Thomas were charged and put before Magistrate Chandra Sohan, accused of receiving stolen property, to wit an AK-47 assault rifle, knowing same to have been feloniously obtained property of the GDF.
The cases were before Magistrate Sohan for four years but the prosecution was unable to lead all the evidence and, although the cases were called between 2006 and 2010, on numerous occasions, the trial did not commence until March 2010 and then, in front of Magistrate Omeyana Hamilton for nearly a year. But, again, the prosecution was still not able to provide sufficient evidence, La Fleur said.
He said he is of the belief that the delay on the part of the prosecution in evidence for more than eight years is inordinate and unreasonable, which amounts to an abuse of the process of the court.