The preliminary inquiry into the death of Yohance Douglas was adjourned yesterday after Acting Chief Magistrate Juliet Holder-Allen granted a request from the Acting Director of Public Prosecutions (DPP) for a continuance. The inquiry continues on June 17.
Police Inspector Richard Lowe in the capacity of prosecutor said his instructions from the office of the DPP was to seek a continuance and in two weeks time a special prosecutor from the chambers will be prosecuting the case.
At the last hearing Magistrate Holder-Allen disclosed that she had received a letter from the office of the DPP and was informed that no special prosecutor from the chambers would be prosecuting the case. Defence counsel were also recipients of the letter.
The trial commenced with the prosecution’s first witness taking the stand despite the absence of the special prosecutor. Paul Broomes, Douglas’s uncle testified and recalled the day of March 5 when Douglas’ body was positively identified.
Magistrate Holder-Allen said yesterday she received a second letter from the office of the DPP which informed her that the chambers had not formally taken over the matter for reasons which it listed.
Holder-Allen said further the trial must have a defence and a prosecution and only the former is regularly at the hearings.
Defence Counsel Bernard De Santos said he received a phone call from Roxanne George, Acting Director of Public Prosecutions, and was told of the dilemma facing the office in prosecuting the case. De Santos said the DPP office has several state prosecutors who can deal with the case. He noted the prisoners are entitled to a hearing under the constitution which guarantees a fair trial within a reasonable time.
According to De Santos despite several explanations no proper reason has been given for the many delays in the hearing. He said further he has made every effort to attend the hearings and asserted the prosecution is being unfair.
Holder-Allen said it has become very difficult to proceed when the accused are present and the accusers are not. She noted that had it been a summary matter the case would have been dismissed for want of prosecution.
Police officers Mahendra Baijnauth and Gerald Alonzo were jointly charged on March 28 with the murder of eighteen-year-old University of Guyana student Yohance Douglas.