Chief Justice Carl Singh, before whom the matter was heard, granted the application for the adjournment.

Kwayana had brought the private murder charge against Superintendent Steve Merai following an incident at Buxton involving the Police during which Shaka Blair was shot to death.

The applicant, veteran politician and community leader with Rastafarian dreadlocks, claimed that he had evidence to show that the unarmed Shaka Blair was shot at his home at point blank range by Superintendent Merai, and accused the DPP of exhibiting 'bias' by withdrawing and discontinuing the private charge of murder.

But the DPP in an affidavit in answer denied that Shaka Blair was shot in the manner described by Kwayana and is of the view that the Police had shot in self-defence.

According to the DPP's affidavit, Shaka Blair was shot by a member of the Unit, and not by Merai.

Contrary to what the Motion had alleged, the DPP is saying, "I am informed by Police Officer Senior Superintendent Stephen Merai and Officers of his Unit and do verily believe that information was received by the Police Force that the deceased, Shaka Blair, had in his possession firearms and ammunition and as a result, a search warrant was obtained to search Blair's premises.

"Pursuant to the execution of the said warrant, a Police Party upon arrival at the deceased's house, were refused entry into the premises by the occupants, even after identifying themselves and informing them of the search warrant.

"They then forced open the entrance door of the house. I am informed by the said Police Officers and do verily believe that upon entering the house of the deceased, the Police Party found that the occupant/s had locked themselves within a bedroom, which they were again requested to open after further identification by members of the Police Party who again informed them of the search warrant.

"The door of the said bedroom was flung open and a woman, later identified as being the reputed wife of the deceased, clutching a child ran from within towards the Police Party, then proceeded to the east side of the house.

"The deceased appeared suddenly with a gun in his hand and discharged a round in the direction of the Police Party, when a member of the Police Party, not Senior Superintendent Stephen Merai, discharged two rounds at the deceased in self-defence causing the deceased to be injured, whereupon they took him into their custody and immediately rushed him to the Georgetown Hospital."

On the other hand, Eusi Kwayana in his affidavit in support of the motion said that on April 6, 2002, Senior Superintendent Steve Merai and a party of Policemen from the Tactical Services Unit visited the home of Shaka Blair.

"That at the time of the arrival Shaka Blair was in his bedroom with his wife Simi Ragnauth and infant child.

"That at the time of the arrival of the Police Officers there were no weapons and or explosive devices in the living room of Mr. Blair's home.

"That Shaka Blair was unarmed at all times.

"That the Police Officers kicked down the door of the building and entered the premises.

"That while unarmed, Shaka Blair was taken by Steve Merai and other Police Officers in to the living room of the house and shot by Superintendent Steve Merai at point blank range," Kwayana said. He added: “After the killing of Shaka Blair, I interviewed witnesses and took statements from them."

Kwayana said that after the Police failed to take any action against Merai despite evidence which he made available to them, he subsequently filed a chare of murder against Superintendent Merai contrary to Section 100 of the Criminal Law Offences Act, Chapter 8:01 of the Laws of Guyana.

He added that when the matter was called up in Court, the Police Prosecutor read a statement from the Director of Public Prosecutions in which the DPP purported to have taken over the proceedings and discontinued the charge of murder against Steve Merai.

Kwayana declared, "The motion in support of which this affidavit is being filed is being made at my instance and I ask that an order or rule nisi be granted calling on the Director of Public Prosecutions to show cause why a Writ of Certiorari should not be issued quashing the decision of the DPP to withdraw the charge of murder against Steve Merai."

Representing Kwayana in Court yesterday were Mr. Peter Britton, Senior Counsel (SC), Mr. C.A. Nigel Hughes and Mr. Arif Bulkan.

Lawyers appearing for the DPP were Attorney General Mr. Doodnauth Singh, (SC), Mr. Nareshwar Harnanan and Mr. Gino Peter Persaud.

Reacting to the allegations in Kwayana's affidavit, the DPP said in his affidavit in answer, "There is no evidence to suggest that Senior Superintendent Stephen Merai was responsible for the death of Shaka Blair.