.jpg)
MURDER accused Elton Odwin, who was the casualty of a hung jury on two occasions, on Friday moved to the court seeking acquittal by practice or bail, and was granted $200,000 bail. Acting Chief Justice, Mr. Ian Chang, S.C granted the bail for the murder charge on a Notice of Motion by defence counsel Mr. Khemraj Ramjattan.
Ramjattan had contended that in keeping with practice once an accused had been the victim of a hung jury on two occasions, it was the normal thing for the Director of Public Prosecutions (DPP) to enter a nolle prosequi (a withdrawal of the charge) in favour of the accused.
But State Counsel Mr. Safraz Hussain, from the Attorney General’s Chambers who represented the Attorney General, suggested to the court that the applicant will first have to prove that he was subjected to an unfair treatment and that the decision to hold a third retrial will be unfair to him.
And according to counsel, until that was done the court had the discretion whether to grant bail or not.
After state counsel had cited a Barbados case in the matter, the judge granted bail in the sum of $200,000.
In his Notice of Motion, Ramjattan had sought a declaration that the applicant’s right to a fair trial within a reasonable time is being contravened in the context of a third trial for murder being demanded by the State but not commencing to date, after the State was unsuccessful in its prosecution in two previous trials held at the Essequibo Assizes, firstly on the 4th May, 2011, and secondly, the 9th February 2012, he having been first charged since the 22nd January, 2008.
He sought also a mandatory order or mandamus directing the State through its DPP to withdraw or nolle prosequi the charge of murder against the applicant , or that there be a permanent stay or dismissal of the charge in view of (a) two previous trials which failed to realize convictions, and (b) the applicant being incarcerated since the 22nd January, 2008; and alternatively, an order that bail be granted to the applicant as a condition for his release from incarceration pending the commencement of his third trial for murder as charged, as a consequence of the violation of his right to a trial within a reasonable time.
Ramjattan had sought too a declaration that the applicant’s right not to be subjected to inhuman or degrading treatment is being contravened when the State seeks a third prosecution for murder, when juries have twice failed to arrive at a conviction, and the applicant’s incarceration continues.
Ramjattan had contended that in keeping with practice once an accused had been the victim of a hung jury on two occasions, it was the normal thing for the Director of Public Prosecutions (DPP) to enter a nolle prosequi (a withdrawal of the charge) in favour of the accused.
But State Counsel Mr. Safraz Hussain, from the Attorney General’s Chambers who represented the Attorney General, suggested to the court that the applicant will first have to prove that he was subjected to an unfair treatment and that the decision to hold a third retrial will be unfair to him.
And according to counsel, until that was done the court had the discretion whether to grant bail or not.
After state counsel had cited a Barbados case in the matter, the judge granted bail in the sum of $200,000.
In his Notice of Motion, Ramjattan had sought a declaration that the applicant’s right to a fair trial within a reasonable time is being contravened in the context of a third trial for murder being demanded by the State but not commencing to date, after the State was unsuccessful in its prosecution in two previous trials held at the Essequibo Assizes, firstly on the 4th May, 2011, and secondly, the 9th February 2012, he having been first charged since the 22nd January, 2008.
He sought also a mandatory order or mandamus directing the State through its DPP to withdraw or nolle prosequi the charge of murder against the applicant , or that there be a permanent stay or dismissal of the charge in view of (a) two previous trials which failed to realize convictions, and (b) the applicant being incarcerated since the 22nd January, 2008; and alternatively, an order that bail be granted to the applicant as a condition for his release from incarceration pending the commencement of his third trial for murder as charged, as a consequence of the violation of his right to a trial within a reasonable time.
Ramjattan had sought too a declaration that the applicant’s right not to be subjected to inhuman or degrading treatment is being contravened when the State seeks a third prosecution for murder, when juries have twice failed to arrive at a conviction, and the applicant’s incarceration continues.
