-33 months awaiting retrial not unreasonable, court says

HIGH Court Judge, Navindra Singh, on Thursday, ordered the Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC, to present the indictment of the State against murder accused Lennox Wayne for retrial within the next 30 days.
The judge made this pronouncement while dismissing a constitutional motion filed by Wayne, who was seeking a permanent stay of the case against him.
Wayne is currently on remand, awaiting a retrial for the murder of cosmetologist, Ashmini Harriram, who was shot, execution style, moments after disembarking a minibus not far from her Lusignan, Railway Embankment, East Coast Demerara home on July 10, 2014.

The case was first tried in 2017 before Justice Jo-Ann Barlow and a 12-member jury at the Georgetown High Court, but ended in a hung jury. Justice Barlow subsequently ordered a re-trial, and the matter was listed to be heard during the January 2021 session of the Demerara Assizes.
Wayne’s co-accused, Melroy Doris, has since pleaded guilty to manslaughter and was sentenced to five years.
In his constitutional motion against the State, Wayne sought an order admitting him to bail, pending the hearing and determination of his application, and a permanent stay of proceedings for the murder charge against him.
According to Wayne, his right to a fair hearing within a reasonable time as guaranteed by the provisions of Article 144 of the Constitution has been infringed. He is also seeking damages to the tune of $100,000 for the breach of his fundamental rights.

Justice Singh, in handing down his ruling on Friday, found that Wayne’s constitutional right to a fair trial within a reasonable time has not been infringed. He further noted that a period of 33 months for a retrial is not unreasonable given the scores of other accused persons listed for their first trial.
Regarding his claim of a breach of fundamental rights, the judge noted that in January 2021, the DPP was prepared to proceed with the trial against Wayne but he had indicated his willingness to plead guilty to manslaughter. This would result in no trial.
The judge stressed this is diametrically opposed to Wayne’s claim that his right to a trial within a reasonable time has been infringed, particularly when he shortly thereafter instituted his motion before the court.

The judge dismissed Wayne’s constitutional motion and ordered him to pay $200,000 in costs to the Attorney General. Justice Singh further ordered the DPP to present the murder indictment against Wayne within 30 days of his ruling.
The Guyana Chronicle had reported that it was alleged that Wayne was the triggerman while Doris was the taxi driver who drove Wayne to the scene of the crime to execute Harriram. It is also alleged that following the act, Doris reportedly transported Wayne back to the city where the victim’s phone was handed over to one of the two persons who contracted the duo to carry out the murderous act for a price tag of $2.5 million.
The two men were reportedly contracted by the brother-in-law of the hairdresser and an accomplice who wanted her dead after they suspected that she had snitched on them. They believed that it was she who informed the police of a drug operation they were engaged in, which resulted in the narcotics being seized.