One of the policemen committed to stand trial for the murder of UG student, Yohance Douglas, is seeking to have that committal set aside.
Mahendra Baijnauth, through his attorney, Senior Counsel Bernard De Santos, has filed a notice of motion in the High Court directing that the Chief Magistrate Juliet Holder-Allen show cause why a writ of certiorari should not be issued quashing her decision to commit him to stand trial for Douglas' murder.
Baijnauth is also seeking an order directing his immediate release from custody/ imprisonment and instructing the Chief Magistrate to reconsider the evidence led [during the preliminary inquiry] with a view to deciding whether a committal can be made for any other offence disclosed thereby.
In his affidavit in support of the motion, Baijnauth contends that he had been seated on the left side at the front of the vehicle on the day in question and had discharged a single round from his pistol in an effort to bring the vehicle [in which Douglas was travelling] to a halt after the driver [later established to be Ronson Grey, another UG student] had failed to heed his repeated verbal commands to stop.
Baijnauth further contends that evidence given by the police ballistics expert during the preliminary inquiry suggested that Douglas had been hit by a bullet that had penetrated the rear of the vehicle and that round had come from the back of the police vehicle.
Grey, according to Baijnauth's affidavit, had testified that Baijnauth had shot him but no evidence had been led to intimate that Baijnauth had shot Douglas.
"My said committal [for Douglas' murder] was therefore due to an error of law and/or a wrong or excessive exercise of jurisdiction by the learned Magistrate. I am advised by my said attorney-at-law and do verily believe that the said order of committal is bad in law and ought to be set aside," Baijnauth contends in his affidavit.
The Chief Magistrate's directive that Baijnauth be committed to stand trial in the High Court for Douglas' murder was issued on February 17.
Also included in Baijnauth's affidavit is the claim that on the day of the incident that led to him facing the charge of murder of Douglas and attempted murder of Grey, he had been part of a police mobile patrol that had received information from his base about two vehicles, that appeared to be suspicious, coming along the East Coast highway and railway embankment.
According to the affidavit, the vehicles and their occupants had been described and the patrol vehicle had headed along Sheriff Street toward the railway embankment. It was while they had been heading in that direction that they had seen the car in which Grey and Douglas were travelling. Further, that the car, PHH 8115, and its occupants had fitted the description given in the information received.
"Having regard to all the circumstances, I had reason to suspect that the vehicle and its occupants were involved in criminal activity. I instructed my driver to follow the vehicle, which was proceeding south along Sheriff Street, with a view to intercepting same for the purpose of investigation."
It continued: "As the vehicle crossed Duncan Street, and as our vehicle got alongside it, I placed my upper body out of the left front window and loudly shouted to the driver [whose name I later learnt to be Ronson Grey] then less than four feet from me 'police, stop.'"
Baijnauth swore in his affidavit that he had repeated his command for the driver of the vehicle to stop but that the vehicle had "ostensibly accelerated in an effort to escape and I [Baijnauth] discharged one round from my pistol in an effort to bring the vehicle to a halt. The vehicle moved ahead of ours and continued southwards."
At this point, according to the affidavit, the police vehicle stopped and the ranks that formed part of the mobile patrol disembarked and one of them fired several rounds "to disable the suspect's vehicle. That vehicle then stopped."
The murder accused maintained that he had not instructed anyone to open fire nor did anyone give evidence to that effect at the preliminary inquiry.
It was further pointed out that during 2001, the atmosphere in Guyana was one of political and social unrest and the commission of violent crimes had escalated to alarming proportions with the East Coast Demerara village of Buxton becoming "a centre for the launch of criminal activity."
Further, that this state of affairs had been exacerbated by the February 2003 jail-break by five armed, dangerous and violent prisoners who had killed one prison official and maimed another before laying siege to the coastland by "killing, robbing and raping citizens sometimes in broad daylight and moved about in several vehicles."
"One of the prime targets of that heightened crime wave were members of the Guyana Police Force ...In [these] circumstances...the mobile patrol [of which Baijnauth was a member] was assigned the task of providing quick and effective response to ...criminal activities in Georgetown and along the East Coast highway and railway embankment by monitoring, intercepting and searching suspicious vehicles and their occupants."
The notice of motion also seeks a consequential order granting reasonable bail to the applicant pending the continuation of the preliminary inquiry and such further or other order that the court may deem just.
The matter is scheduled to be heard on June 28 in Bail Court.