Dear Sir,
THE unexpected and shocking dismissal of charges — on March 29, 2016 — against Devin Singh and Roselle Tilbury Douglas, who were accused of assault causing actual bodily harm and of common assault by Devin Singh on Colwyn Harding, was a serious violation of the right of Colwyn Harding to a fair trial.The Magistrate dismissed the case even though the prosecution had not completed its presentation of evidence against accused police officers Singh and Tilbury Douglas; and defence lawyers also had not completed cross-examining Colwyn Harding. As such, Colwyn Harding has been denied his right to have his case fully prosecuted according to the law.

According to reports, Magistrate Daly ruled in favour of the defence lawyers’ submission regarding dismissing the charges against the accused police officers due to the repeated absence of special prosecutor Nigel Hughes and the plaintiff Colwyn Harding. Reports have confirmed, however, that Colwyn Harding had not been absent from court on more than two occasions, and on the day of Magistrate Daly’s dismissal, neither Colwyn Harding nor his family was aware that the case was being called, until the morning of the said day, March 29, when the appointed state prosecutor informed Colwyn Harding to attend court, and said he would be sending a representative in his place to request another court date, as he was unable to be present.

The important issue to bear in mind is that this case was not for a minor infraction, but for brutal and life-threatening injuries consistent with cruel and inhuman punishment, as set out in the UN Charter and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by accused police constables Devin Singh and Roselle Tilbury Douglas.

Additionally, what kind of justice system operates in Guyana when a complainant is penalised and denied his right to a fair trial because of prosecutorial delays over which he had no control?

Surely there are other options available for appropriate sanctions to be instituted for court delays, without jeopardising the human rights of a complainant for fair trial? It is not as if the accused police constables were on remand and were locked up at the Camp Street Prison.

We hope that Magistrate Daly’s dismissal of Colwyn Harding’s case was not unduly influenced by the need to address the sloth in Guyana’s court system as a result of the recent unfortunate deaths of 17 prisoners.

In closing, we call on the DPP and the Guyana Police Force to explain why charges of rape, as set out in the Sexual Offences Act 2010, have not been instituted against Devin Singh, who has been identified as sexually abusing Colwyn Harding using a condom-covered baton. We also call on the DPP, if this has not already been done, to appeal Magistrate Daly’s dismissal of charges against police constables Devin Singh and Roselle Tilibury Douglas.

JOY MARCUS NORWELL HINDS
SUZETTE FORTUNE
CHARLENE WILKINSON DANUTA RADZIK
MELLISA IFILL
ELTON MCRAE for Colwyn Harding Support Group