JUSTICE James Bovell-Drakes, on Thursday, quashed the order for the indictment and committal of Leon Paul for murder.

The judge also granted the 22-year-old accused $250,000 bail.
Paul, of Paradise, East Coast of Demerara, was charged in September 2008 with the capital offence, allegedly committed on Dexroy Dodson, when the former was 16 years old.
Arraigned before Justice Bovell-Drakes, last Wednesday, he pleaded not guilty and his Defence Counsel, Mr. Sandel Kissoon moved a motion challenging the indictment as a nullity, on the ground that it was founded on an invalid committal.
He argued that, in this case, specifically, Magistrate Sherdel Isaacs had committed the prisoner to stand trial as charged in December 2010, on the basis of an alleged caution statement, without holding a voir dire (trial within a trial).
Subsequently, in April 2012, the Director of Public Prosecutions (DPP) directed the magistrate to reopen the preliminary inquiry (PI) for the purpose of tendering the caution statement.
But, again, no voir dire was conducted and Kissoon cited several High Court authorities, including Justice Ramlal’s in the case of the State v. Webber; Justice George’s in the State v. Budhoo and Justice Chang’s in Troy Green’s application for judicial review.
Eventually, Justice Bovell-Drakes ruled that the committal was flawed and a nullity, in circumstances where there could be no valid indictment flowing from it.
In view of the fact that the charge still stands and having regard to the accused being committed, Paul was allowed pre-trial freedom, on condition that he reports at a Police station once a week.
During the hearing Thursday, the DPP was represented by Ms. Natasha Backer and the accused by Mr. Satyesh Kissoon.

(By George Barclay)