MANSLAUGHTER accused Mark Wong is complaining that he has completed serving his sentence but is yet being kept in penal custody. As a result of this complaint, the Chief Justice, Mr Ian Chang SC, representing the Constitutional Administrative Law Division, will meet today to hear an application of Mark Wong for a writ of Certiorari.The Notice of Motion will ask the Chief Justice for the following orders:-

(a) An order or Rule Nisi of Certiorari, directed to the PAROLE BOARD of Guyana, duly constituted under the Parole Act, Cap 11:08 of the Laws of Guyana, and the Director of the Georgetown Prison, Camp Street, to hear and grant the applicant’s petition for release from the Georgetown Prison on Oicence;

(b) Such further Order as the Honourable Court may deem just.

The grounds in support of the Originating Motion are:-

(1) The applicant has been in the custody of the State since March, 2004 — A period of 11 years.

(2) In March, 2004, at Diamond Housing Scheme, East Bank, Demerara, the applicant was in a bar when he was attacked by Kurt Bacchus, deceased, and hit on his head with an empty rum bottle. He immediately reacted and hit the said deceased with a piece of wood, a blow from which Bacchus died.

(3) The applicant was charged with murder, but at the close of the preliminary inquiry, Magistrate Adrian Thompson found that only s case of manslaughter had been made out by the prosecution, committed the applicant for manslaughter, and granted bail in the sum of $150,000.

(4) On 17th October, 2006, the applicant was indicted for murder by the Director of Public Prosecutions, and his case was listed for hearing.

(5) On 31st May, 2007, before Justice Y. Cummings, a jury found the applicant guilty of murder.

(6) On 3rd February, 2009, a Court of Appeal reduced the crime of murder to one of manslaughter, and sentenced the applicant to 12 years’ imprisonment, which is equal to 108 months in prison time.

(7) The applicant served 1 year and nine months on Death Row, distasteful and inhuman experience, according to applicant’s counsel Mr. Jainarayan Singh, a former High Court Judge.

(8) Counsel who prepared the Notice of Motion declared “the normal 1/3 remission of sentence the applicant is now entitled to Parole on Licence, but the PAROLE Board has refused to hear his application.
(9) The applicant has now served a prison sentence for the following period: 17th October, 2006 to March, 2015 — 8 years 5 months which, in terms of prison years, is equal to 101 months.
101/9 = 11 years 2 months

(10) With a 1/3 remission of his jail sentence, the applicant should already have served his full sentence.

(11) There is no reason on record, either at the Georgetown prison or elsewhere, why the applicant should not be released.

The Notice of Motion was filed by Mr. Jainarayan Singh, Attorney–at-law.

By George Barclay