Criminal sessions open but roll over case continuing
THE June criminal sessions of the Berbice Assizes opened yesterday, with the traditional parade and march past by Police recruits from the Felix Austin Training School. But the State was unable to start any of the new 41 cases listed for trial and Prosecutor Rhondel Weaver secured an adjournment to June 26, when she is expected to present a case.
The prosecution is currently continuing a roll over trial in which Thakumanie (only name) known as ‘Dayo’, 68, is indicted for the unlawful killing of her husband, Yodha (one name), on April 27, 2008, at Bennet Dam, Rosignol, West Bank Berbice.
The accused has pleaded not guilty and a voir dire (trial within a trial) has begun, with legal submissions advanced by Defence Attorney Rabrindranauth Singh.
Justice James Bovell-Drakes, who took the salute outside the Berbice High Court building on Esplanade Road, New Amsterdam, would be the continuing judge.
He used the opportunity to remind waiting jurors of their responsibilities.
Addressing the 60-odd group, the judge remarked that his experience has informed him that many persons do not like to do jury service, consequent to which various reasons are given.
Justice Bovell-Drakes said: “The Criminal Law consists of offences against the State in which persons are expected to be punished by imprisonment, fined or discharged.”

HISTORY
Alluding to the history of the jury system, the judge said, initially, jurors were witnesses in the cases but wisdom showed judges that it was not a fair process, as persons had a biased outlook.
Consequently, a procedure was developed with jurors who had no connection with the cases and ordinary persons are now the source of selection.
“The system now extracts your name from the Voters List, the list of persons who pay rates and taxes and nomination by employers. Summonses are issued for you to attend jury service. The first line on that summons reads: ‘You are commanded to attend…’. Those words do not give you the right not to opt to serve but the court can exercise its discretion for some reason if you cannot serve at that session,” the judge explained.
He also told them: “You, as potential jurors, can be walking down the roadside during the day and someone robs or assaults or chops that other person. As usual, they go to the police station and they will be asked whether they know who did the act. Subsequently, they may walk down the road and they may point you out. You, too, can be a subject of a charge based on mistaken identity. That’s why the ordinary man may sit in judgement of their peers. You are called to do this service in a commanding way.”
The judge also pointed out: “You may only be concerned if you are a subject or relative is a subject of a criminal act and you will want the court system to work. Jury service is an honourable task you have to perform deliberately and voluntarily.”
Continuing, the judge said: “I know of situations where letters are sent by employers, saying they cannot release persons for jury service when they, themselves, nominate you. Moreover, those who are exempted from jury service are those over 60 years old and under age 18. However, they must bring evidence to support their claim.”

EXEMPTED
In addition, persons who have served in a panel less than two years prior to be chosen will be exempted. But, again, there must be proof that they had served, said the judge.
He added:”I know there are times your summonses are kept by the registrar. However, when you attend court, you have to ensure your name is marked in the register.”
The judge concluded his admonition by welcoming those waiting to be selected.
“You are doing a civil duty in the dispensation of your duty,” he reminded them.