| By Rehanna RamsayAttorneys-at-law Peter Hugh and Latchmie Rahamat have filed a constitutional motion in the High Court seeking redress for murder accused, Mark Thompson.Thompson, of Awarewaunu Village, South Rupununi,Jerseys NBA China, was incarcerated some five years ago for the murder of Brazilian miner, Jose Rodriguez De Oliveira.It was reported that on August 7, 2010 at Aranka Backdam, Cuyuni River, Region Seven, Thompson chopped De Oliveira to death during a heated argument. The accused and the victim had allegedly been consuming alcohol, at the time.Hours after the incident, Thompson was arrested by police and taken into custody.According to court documents, Thompson was charged for the murder and underwent a preliminary inquiry at the Bartica Magistrate’s Court, which lasted for approximately 2 years and 10 months.Magistrate Faith Mc Gusty presided over the PI. She subsequently committed the accused to stand trial at the Essequibo Assizes at the High Court of the Supreme Court of Judicature.But until now,Cheap NFL Jerseys China, the matter is on the list of criminal trials to be heard. It is upon these facts that Thompson’s Attorneys premised their application to have a High Court order to stay any further prosecution of the criminal charges against him.They are claiming that their client’s constitutional rights to due process and the protection of the law have been and continues to be infringed by the Judicial Arm of the State for which,Cheap Jerseys From China, he is entitled to constitutional redress.The lawyers are seeking a declaration by the court that Thompson’s fundamental rights to hearing within a reasonable time guaranteed under article 144 (1) of the constitution is likely to be further infringed, if the criminal charge filed against him is not stayed.Additionally, the attorneys want the Court to grant an order that the applicant (Thompson) be granted bail and released upon reasonable conditions pending the completion of the trial should the court be not inclined to grant the order to stay the charge.Their request further is that the court make such orders or summons a directive,Cheap Jerseys Wholesale, as it considers appropriate in the circumstances, concerning breaches of Thompson’s fundamental rights to damages and/or aggravated damages and compensation, or other forms of relief as the court deems just.According to a motion filed on July 18,Wholesale NBA Jerseys, 2015, Thompson’s dilemma is that he has been languishing behind bars for the past 4 and 10 months without any knowledge of when the charge which was instituted against him will be heard in a trial.However, the attorneys expounded that under article 144 of the Constitution of the Co-operative Republic of Guyana, their client is entitled to a fair hearing of the criminal charges laid against him within a reasonable time in an independent and impartial court.“(But) there is an abuse of process on the part of the Judicial Arm of the State,Wholesale NBA Jerseys Authentic, which has resulted in breaches of Thompson constitutional right to a fair hearing within a reasonable time,” the attorneys said.They outlined that the undue and unreasonable delay has resulted in the accused losing contact with witnesses that are supposed to testify in the matter, in his defence, at the High Court trial.According to the document, the applicant claims that the witnesses might have relocated and since he has been on remand for the past 4 years, he is unable to say where they went or where they can be found at this point in time.“For the State to be allowed to continue the prosecution of the matter against the applicant will be nothing more than an abuse of process and flagrant disregard of the applicant’s constitutional right to a fair hearing within a reasonable time,” the court document related.The applicant is therefore seeking an order to stay any further prosecution of the criminal charge filed against him on grounds that the undue and unreasonable delay by the State to complete the matter is no fault of the applicant, and has operated to the detriment of his defence, because after approximately, 4 years and 10 months later his witnesses are no longer available. |
