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…Greene’s rape case, Dataram’s extradition citedBy Abena RockcliffeThe last parliamentary sitting of the National Assembly saw the unanimous passing of the Supreme Court of Judicature (Appeal) (Amendment) Bill which seeks to allow appeals of decisions on particular criminal matters coming out of the Full Court or handed down by a High Court judge.The Bill was piloted by Attorney General and Minister of Legal Affairs, Anil Nandlall, who told the National Assembly that the Bill is intended to correct deficiencies in the legal system as it relates to appeals.The Attorney General noted that anomaly is one that had been inherited from England. Nandlall explained that the Bill seeks to amend the Court of Appeal Act and the High Court Act saying that the two provisions in the law combined, denies a right of appeal in a category of cases.”“In a nutshell these two provisions in the law combined together to deny a right of appeal in a whole category of cases. This exists in a system like ours with the hierarchical structure our court system has—several tiers of appeal—the Full Court, the Court of Appeal and of course the Caribbean Court of Justice,” said the Attorney General.He dubbed the provisions “unpalatable” as he traced the history of the laws back to 19th century Britain.Nandlall told the National Assembly, “We are given an opportunity here tonight to correct these deficiencies that have been with us for nearly 100 years.”Referring to it as a hurdle, Nandlall said that the laws combined make the decision of a “single judge almost invincible in a host of cases.”He said that “this state of affairs simply does not sit well in a legal system which guarantees several opportunities to appeal decisions in every other type of case.”To aid in the illustration of the effects of the law,NFL Jerseys Cheap China, the cases of Barry Dataram and the late former Commissioner of Police Henry Greene were cited by Nandlall.Most will remember the case involving the now dead former Commissioner of Police Henry Greene. In December of 2011, a 34-year-old woman alleged that the Top Cop had raped her in a city hotel.Greene submitted a statement to investigators on January 13, 2012,Cheap Jerseys Free, denying that he had unlawful sexual intercourse with the woman. The Director of Public Prosecutions recommended that Greene be charged with rape, but the Top Cop was successful in getting the High Court to block the charge,Brad Richards Red Wings Jersey, a decision the government couldn’t have appealed.Another famous case referred to by Nandlall was that of an alleged drug trafficker Barry Dataram whom the US government had asked the Guyana government to extradite to face charges but the proceedings in the Magistrate’s Court were quashed by the Full Court. A subsequent appeal by the then Attorney General Doodnauth Singh was unsuccessful with the appellate judge pointing out the provision in the Court of Appeal Act that barred a challenge.In supporting the Bill,Marlon Humphrey Jersey, A Partnership for National Unity ( APNU)’s Shadow Minister of Legal Affairs, Basil Williams, opined that the piece of legislation is about “20 years too late.”Commenting on the opposition’s call for continuous reviews of the justice system, Williams said, “Any practitioner of the Bar would support this application but there are other things that we need to rectify in the criminal justice system.”He said that there are still many anomalies that exist in the law that need to be rectified and referenced to recommendations from former justices to have the law remedied since 1990.One of the issues,NFL Jerseys From China, he said, needed to be reviewed was the state’s ability to challenge the findings of a properly constituted jury.Alliance for Change (AFC) Leader, Khemraj Ramjattan, said that the amendments “go quite clearly to plug a loophole that created lots of injustice in relation to matters criminal and in relation to orders made that could not be appealed against.”Other speakers to the Bill included People’s Progressive Party Civic (PPP/C) Members of Parliament, Bibi Shadick,Deion Sanders Falcons Jersey, Manzoor Nadir and APNU’s Attorney at Law James Bond.
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