Kwayana moves to quash DPP's decision to stop murder charge
Stabroek News
May 24, 2002
An order nisi was last week granted in the High Court ordering Director of Public Prosecutions, Denis Hanomansingh, to show cause why a writ of certiorari should not be issued quashing his decision to discontinue a charge of murder brought by citizen Eusi Kwayana against Senior Superintendent of Police, Steve Merai.
Senior Counsel Peter Britton representing the applicant told Stabroek News that the matter was scheduled for further hearing next Tuesday, when the DPP is expected to make an entry in relation to the proceedings. The matter was initiated by Kwayana following the withdrawal and dismissal of the private charge by the state prosecutor when it came up at the Vigilance Magistrate's Court in late April.
Last month Kwayana brought a private charge of murder against Merai for what he said was the unlawful killing of fellow Buxtonian, Shaka Blair on April 6. The charge was read in the East Coast Demerara (ECD) magisterial district, at Vigilance in front of Magistrate Brassington Reynolds.
Britton, in association with attorneys-at-law, C.A. Nigel Hughes and Arif Bulkan representing the applicant, Kwayana, filed the motion earlier this month calling on the DPP to show cause for withdrawing the murder charge.
According to an affidavit sworn to by Kwayana, since the matter was called and dismissed at the Vigilance Magistrate's Court, by way of a statement read by the police prosecutor from the DPP in which he purported to have taken over the proceedings and discontinued the charge, the DPP had not communicated with the applicant.
In the affidavit the applicant also highlighted instances where he had cause to institute private criminal charges and where these had suffered similar fates.
He also drew attention to a Guyana Human Rights Association report on fatal shootings by the police for the period 1980 to present, which he presented as an exhibit to prove patterns.
He said that there were in excess of 100 inquests, which remained unheard or incomplete to date and on every occasion that murder proceedings have been instituted against members of the force the DPP had discontinued these matters.
According to the affidavit, the decision to withdraw the criminal proceedings against Merai was arbitrary and in breach of the DPP's duty to act fairly, justly, in good faith and without caprice.