JUSTICE James Bovell-Drakes, yesterday, quashed the committal order and murder indictment against Harry Samaroo and granted him $250,000 bail, after upholding submissions by attorneys-at-law Mr. Jailall Kissoon and Mr. Sandel Kissoon.
Samaroo had been charged with the unlawful killing of Kamal Doonwah at Bladen Hall, East Coast Demerara, on October 28, 2007 and he was committed, by a magistrate, to stand trial in the High Court.
Following that outcome from the preliminary inquiry (PI), he was indicted by the Director of Public Prosecutions (DPP).
But his lawyers raised a point in limine, arguing that the committal was bad and requested that and the subsequent indictment be thrown out.
Arguments for the prosecution were advanced by State Counsel Mrs. Lake but the judge disagreed with her, and she filed a notice of appeal.
Consequently, the Defence made the successful application for bail which was granted on condition that the accused lodges his passport and report to the police at a fixed time.
The judge said, in considering the request for bail, he took note of the fact that Samaroo had been in jail for more than five years.
In addition to that, the Defence pointed out that the accused had requested early trials on at least three occasions during Jail Deliveries, on the ground that there was no evidence against him but he remained incarcerated.