…Conservatory Order granted DPP
JUSTICE Diane Insanally (yesterday) suspended Justice James Bovell-Drakes’s Order granting bail to murder accused Trion Sumner and ordered that the prisoner be joined in the proceedings brought by the DPP, as an interested party.
Defence counsel Mr Basil Williams, who claimed that although present he was not allowed to take part in the ex-parte proceedings, is alleging that the judge did not have jurisdiction
to hear the matter.
The judge granted the suspension of the Bail Order at the hearing of an ex-parte application by the director of public prosecutions (DPP) for a Conservatory Order, staying and or suspending execution of the Order made on the January 28, 2010, for granting bail for the capital offence of murder.
Leading lawyer for the applicant was Mr Mohabir Anil Nandlall and included Mr Euclin Gomes & Mr Manoj Narayan.
Attorney-at-Law Basil Williams, who invaded the meeting in chambers, told the Chronicle that he was not given an opportunity to be heard; but according to him, his client was joined as an interested party to the proceedings.
The matter was adjourned to February 15, 2010.
The affidavit in answer for the Conservatory Order was made by Prosecutor Miss Prithima Kissoon of the DPP Chambers.
In her affidavit, Miss Kissoon, who was presenting another murder case instead of that of Trion Sumner as previously been ordered by Judge Bovell-Drakes, when the controversial bail order was made, had given an history of the law as it related to the DPP and her authorities.
According to her, the judge had wanted her to present for trial the case of the State v. Squinter Mc Lennon and Trion Sumner for murder, because of the length of time the accused had been incarcerated without trial.
She added, “That notwithstanding my representation that the State was not in a position to do so and that I was not in possession of the file thereof, the said judge, in open court issued threats to me leading me to conclude that His Honour will hold me in contempt for disobedience of an Order which His Honour contended he made on the 12th January 2010, compelling the Director of Public Prosecutions to present the indictment State –v-Squince Mc Lennon and Trion Sumner indictment for murder.
“That thereafter, His Honour proceeded to order me to present the indictment against the aforesaid accused persons notwithstanding my repeated applications for an adjournment, since I was not in a position so to do, and thereafter His Honour made an offer granting
bail in the sum of $300, 000 with like surety to Trion Sumner but did not grant
bail to Squires Mc Lennon
“That I am advised by the director of public prosecutions and do verily believe that she is the sole authority to determine the order in which indictments are presented before the Assizes, save and except, upon an order of court made pursuant to proceedings filed in that behalf and served upon the State as a Respondent thereto and/or an order made by the court under section 14 of the Criminal Law (procedure) Act, Chapter 10:01.
In her Conservatory Order yesterday, Justice Insanally declared, upon reading the Ex-parte application by way of affidavit for Conservatory Orders on the part of the director of public prosecutions, the above-named applicant filed herein on the 29th day of January 2010 and upon hearing Attorney-at-law for the Applicant, it is ordered that a Conservatory Order is hereby granted staying and/or suspending the execution of the Order of the Honourable Mr. Justice James Bovell-Drakes made on the 26th January 2010, at the Demerara Assizes, granting bail to Trion Sumner, indicted for the capital offence of murder, until the hearing and determination of the Notice of Motion filed herein.
“And it is further ordered that leave be and is hereby granted joining Trion Sumner as an interested party to these proceedings. It is further ordered that a copy of these proceedings be served upon Mr. Basil Williams, attorney-at-law, within five days. The matter is adjourned to the 15th day of February, 2010 at 09:00hrs in Bail Court.