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| Attorney at law Basil Williams has moved to the High Court on behalf of two brothers, seeking the permanent stay of charges brought against them for manslaughter eight years ago.The move to the courts is to support the contention that the brothers right to a fair hearing within a reasonable time of the criminal charges which were instituted on May 14, 2001, has been contravened.Clayton and Dexter Reman are claiming that the failure of the DPP to afford them a fair hearing of the charge within a reasonable time amounts to a breach of article 144 of the constitution and is a breach of the process of the court.The two brothers were arrested on May 2, 2001 and detained at the Brickdam Police Station lock-ups until May 14, 2001 in relation to an allegation of murder after an affray.According to the affidavit filed in the High Court,Wholesale Authentic Jerseys, they appeared before the then Chief Magistrate Paul Fung-a-Fat on May 14, 2001, charged with the offence and were refused bail.The matter was then adjourned to November 6, 2001.On the day of their first court appearance, one of the defendants, 30-year-old Clayton Reman who was a Lance Corporal in the Guyana Defence Force was interdicted from duty on half pay.On their next court appearance on November 6, 2001, the Preliminary Inquiry into the allegation of murder began before Magistrate Adrian Thompson.The PI was completed on August 20, 2002 and the brothers were committed to stand trial in the High Court for manslaughter at the next criminal sessions at the Demerara High Court.They were granted bail in the sum of $250,000 pending trial.But according to the affidavit, no indictment of the offence has been preferred before any judge of the High Court at the Demerara criminal sessions by the Director of Public Prosecutions since October 2002.Seven years later, in June 2009, the matter was called before Justice William Ramlal, who was informed by the state prosecutor that the original depositions were lost and that the DPP could not prefer the indictments against the Remans.Justice Ramlal adjourned the matter to July 23.On that date, the Prosecutor again informed Justice Ramlal that he was unable to proceed since the original deposition were still not found, but that it would be ready to prefer the indictment using a copy of the depositions, on the next date. Noting certain limitations that would attend such a proceeding, the judge further adjourned the matter.In an affidavit in support of the original notice of motion, the brothers claimed that the delay in prosecuting the charge against them has severely affected their health and has caused and continues to cause them mental anguish.It has also prevented them from obtaining other suitable employment and with regards to Clayton Reman, the prospects of promotion in the Guyana Defence Force. |
