| A significant and major piece of legal history was recently made without noise and fanfare when on Friday, Acting Chief Magistrate Priya Sewnarine-Beharry concluded the first ever paper committal proceedings in Guyana at the Georgetown Magistrates’ Courts.The proceedings were completed in a record two sittings which were held over an eight-day period, at the end of which Dharampaul, also known as Ramesh, 50,Cheap Jerseys Supply, of Hill Foot Soesdyke, East Bank Demerara was committed to stand trial in the High Court.He is accused of carnal knowledge, allegedly committed on a nine-year-old girl.The State was represented by Police Prosecutors, Inspector Steven Telford and Sergeant Lionel Harvey, while the accused was represented by Defence Counsel, Gregory Gaskin.It is alleged that between December 2009 and October 2010, Dharampaul committed acts of a sexual nature with a minor.Complaints were lodged by the victim and her mother with the police at Timehri Police Station on October 19, 2010.Dharampaul was arrested the following day and was first placed before the court on October 25, last.However, when the Prosecutors sought to file the statements of evidence on December 22,NFL Jerseys From China, 2010 it was discovered that they were out of time.The governing legislation requires that “ the Prosecutor or a person on behalf of the Prosecutor shall file in the Registry of the Court all evidence for the Prosecution for the purposes of a paper committal not later than 45 days after the date on which the accused first appears in court in relation to the complaint”.Therefore, on December 22, some 58 days after he first appeared in court, the Chief Magistrate had no option other than to discharge the accused.But Dharampaul was immediately rearrested and freshly charged with the indictable offence of carnal knowledge against a minor.The Prosecution in its second attempt filed its statements of evidence on January 10,Wholesale Authentic Jerseys, last, and the matter came up for hearing on the January 20, last.In a novel departure from traditional court procedure, the Acting Chief Magistrate descended from the bench and sat at a desk in the well of the courtroom so as to adjudicate the matter.The Prosecutors, the Virtual Complainant and her guardian sat together at a desk to the Magistrate’s right,Cheap NFL Jerseys, while Defence Counsel and the accused sat together at a desk that faced the Magistrate.The Prosecutors and Defence Counsel were invited by Magistrate Beharry to remain seated when addressing the Court and making their several submissions.The atmosphere of the court more resembled a civil law case management conference rather than the acrimonious environment often associated with criminal Preliminary Inquiries.During the hearings, the legislative provisions that guide the conduct of Paper Committals were frequently and particularly referred to by the Acting Chief Magistrate, the Prosecutors and by Defence Counsel.The hearings which began on January 20 concluded eight days later.On January 28 the Court found that a prima facie case had been made out against the accused and committed Dharampaul to stand trial in the High Court at the next Assizes.Inspector Steven Telford and Defence Counsel, Gregory Gaskin,Cheap NFL Jerseys, commended the Magistrate on the manner in which the entire proceedings had been handled.In a further comment, Gaskin said that the entire exercise was sympathetic to all parties, allowing the Virtual Complainant to retain her dignity,Jerseys NFL Cheap, while treating with the accused in a fashion that assumed his innocence until guilt was established beyond reasonable doubt. |
