–ordered to pay $500,000 in cost to Attorney General

JUSTICE Navindra Singh, sitting in the High Court of Demerara, has dismissed a claim filed by former murder accused, Jones Raymond, who alleged a breach of several of his constitutional rights after spending almost a decade on remand awaiting trial for murder without even being indicted.
The Attorney General’s Chambers announced, in a statement Saturday, that the judgment was given on Friday. Raymond’s lawsuit, initially filed on October 25, 2022, was dismissed with costs of $500,000 awarded against him, payable to the Attorney General, the lone respondent.

In his High Court action, Raymond, 60, of Micobie Village, North Rupununi Savannah, sought damages in excess of $3 million and multiple reliefs against the Attorney General, including declarations that his prolonged imprisonment without trial violated his fundamental rights under Articles 144(1) and 141 of the Constitution of Guyana.
He had been remanded in both the Camp Street and Lusignan Prisons for over nine years without trial after being charged with the capital offence of murder.

Background
Raymond was charged with murder on December 28, 2012, after allegedly killing Gary Joseph, 33, with a bow and arrow between December 26 and 27, 2012.
According to the facts, Raymond walked into a shop where Joseph and others were drinking, fixed an arrow to his bow, and shot Joseph in the abdomen. Joseph later died from his injuries.
Following his arrest, Raymond was taken before the Mahdia Magistrate’s Court, where a Preliminary Inquiry (PI) commenced to determine if there was sufficient evidence to commit him to trial at the Essequibo Criminal Assizes. The PI concluded on October 15, 2014, resulting in Raymond being committed to stand trial.

The depositions from the PI were transmitted to the Director of Public Prosecutions (DPP) on March 23, 2015. However, in April 2015, the DPP directed the Magistrate to reopen the PI to gather additional evidence.
However, during the Essequibo County’s Goal Delivery in July 2022 by High Court Judge Sandil Kissoon, it was discovered that the Magistrate had not complied with the DPP’s directive.
Consequently, on July 15, 2022, Justice Kissoon ordered Raymond’s immediate discharge from custody and permanently stayed the prosecution of the murder charge. Raymond had spent nine years, six months and 18 days on remand, which is equivalent to 13 prison years.

Court proceedings and judgment
In his constitutional action, Raymond, represented by attorney Dennis Paul and Senior Counsel Timothy Jonas, argued that his nine-year remand without trial breached his constitutional right to a fair hearing within a reasonable time.
Although Justice Singh ruled that Raymond’s right to a fair trial under Article 144 of the Constitution was not violated, he concluded that there was an unacceptable and unexplained delay in the prosecution of the charge against him.

The judge found that Raymond’s indication to plead guilty to a lesser offence of manslaughter effectively waived any delay period prior to this indication.
The Court also noted that Raymond had not demonstrated any actual prejudice suffered due to the delay in preparing or leading a defence at trial, if he had opted to have his trial on the charge of murder.

The judge further clarified that a lengthy remand period does not inherently prevent a fair trial. Justice Singh emphasised that as long as a fair trial is possible, it is in the public interest to proceed with cases, especially when the charge is murder and the accused is accepting liability.
Despite the stay of prosecution ordered by Justice Kissoon, he noted that it was clear that this was not due to an inability to conduct a fair trial. In such circumstances, he ruled that a stay of prosecution of the charge is gratuitous and is an affront to public justice.

Regarding the conditions of Raymond’s imprisonment, the Court found no violation of Article 141(1) concerning inhuman or degrading treatment.
While Raymond alleged attacks by other inmates, Justice Singh ruled that without evidence suggesting these attacks were prompted or directed by prison officers, they could not be deemed as inhuman treatment by the prison authorities.

Raymond also claimed that the unsanitary and uncomfortable prison conditions constituted degrading treatment. However, the Court noted that Raymond did not plead any serious physical or mental suffering resulting from these conditions.
The judge found no evidence that his health had suffered or that he had contracted any illness due to the alleged unsanitary environment.

Justice Singh’s judgment referenced case law authorities from the United Kingdom, the United States, the Caribbean, and Guyana, underscoring the legal principles applied in the decision.
In conclusion, the High Court dismissed Raymond’s claims of constitutional rights violations and ordered him to pay costs to the Attorney General.
Attorney General, Anil Nandlall SC, Senior Legal Adviser, Loretta Noel and State Counsel, Marnice Hestick, appeared for the respondent, the Attorney General.