| Defence Attorney, Saphier Husain, has filed a constitutional motion to quash the committal order for Bartica massacre accused, Dennis Williams, and eventually halt the trial for three accused of the 2008 killings.Hussein is representing Williams,Cheap Jerseys Free, called “Anaconda,” who is one of three men on trial before the judge and jury at the Georgetown High Court for the murder of 12 people,Wholesale Jerseys, including police officers, at Bartica.Williams’s caution statement was read in open court earlier this week after it was admitted into evidence by Justice Roxanne George.However, according to a motion filed by the attorney representing Williams, the accused is now seeking a declaration that the order made by Shalimar Ali-Hack, Director of Public Prosecution, on March, 30, 2010, to transfer the holding of the Preliminary Inquiry into the matter from the Essequibo Magisterial District to Georgetown Magisterial District in respect of the Applicant is void for Violation of Article 144 of the Constitution and the Contravention of the Principles of Natural Justice.The document outlined “that by reason that the Applicant was not given a notice nor hearing, whereby the principles of Natural Justice were contravened by the Director of Public Prosecution in respect of the decision made on order dated the 30th day of March, 2010,China Jerseys Cheap, transferring the Preliminary Inquiry to the Georgetown, Magisterial District.“Additionally, the legal document called for an order to quash the Committal made on the April 13, 2011 by Magistrate Mr. Fazil Azeez in the Georgetown Magisterial District, pursuant to Preliminary Inquiry conducted by the said Magistrate on the March 30,Cheap Jerseys Free Shipping, 2010 to the April13, 2011 in respect of the Applicant for the charge of murder on the grounds of insufficiency of evidence that there was no evidence amounting to positive identification whereby the accused may be committed for trial in the High Court.“A declaration that the Preliminary Inquiry held by Magistrate Fazil Azeez with Committal Order dated the April 13,Cheap Jerseys Store, 2011 on in respect of the Applicant is void and of no effect for the reasons stated in above.”The applicant is also calling for a conservatory order to prohibit Justice George from resuming or continuing the trial of the Applicant on indictment pursuant to Committal Order made by Magistrate Mr. Fazil Azeez dated April 13, 2011 in respect of the murder charge until the hearing and determination of this motion.The attorney also seeks damages in excess of $100,000 for contravention of Article 139 of the Constitution against the Applicant whereupon the said violation of Article 144 of the constitution that the application has been wrongfully deprived of his liberty from April 13,Cheap Jerseys Wholesale, 2011 and suffered pecuniary losses.In an affidavit in support of the motion, the accused claimed to have been beaten following his arrest on November 8, 2008.“I was arrested, placed in handcuffed and shackles and left at Criminal Investigation Department, (CID) Head Quarters, Eve Leary, Georgetown, Demerara.“I was electrocuted, kicked and boxed by the officers of the Guyana Police Force to sign a written statement which I did out of fear whilst handcuffed,” he stated.Williams also claims that he was not given a notice or hearing by the Director of Public Prosecutions before or after the making of order under Section 58 of the criminal law (procedure) act, chapter 10:01.He said he was therefore advised by his Attorney-at-law, Saphier Husain, and that the order is void and for the contravention of natural justice and violation of my fundamental rights as guaranteed under Article 144 of the Constitution of Guyana 1980. ‘ |
