CCJ overturns High Court ruling – first
trial in Guyana
- Applicants granted special leave to appeal
The Caribbean Court of Justice (CCJ) in less than 24 hours after hearing its first matter on Guyana’s soil; delivered its written ruling at 10:00 hours yesterday at the Courtroom facility at the Convention Centre, Liliendaal, East Coast Demerara.
The Court granted the application for special leave to appeal made on behalf of Paul Lashley and John Campayne by their Attorneys, Sanjeev Datadin and Charles Ramson.
In delivering its ruling, the Court agreed with Datadin’s submissions that there was an arguable appeal. Datadin had argued that the incompetence of Counsel for Lashley and Campayne was such that it deprived them of a fair hearing. He had additionally argued, in the alternative, that the sentence of the Magistrate was unduly severe. Ms. Sonia Joseph who is attached to the Director of Public Prosecutions’ office appeared for the State.
The judgment of the Court was read out to a packed courtroom by the President of the Court, Sir Dennis Byron, who said that it was the decision of the whole Court that leave to appeal against the decision of the Court of Appeal of Guyana to the Caribbean Court of Justice be granted.
The Court went on to set the hearing of the substantive appeal for Thursday 10th April, 2014, at the seat of the Court in Port-of-Spain, Trinidad, with Ms Joseph being permitted to address the Court via video-conference after she said she was not interested in travelling.
After the judgment was given, Datadin said he was pleased with the judgment but was even happier that the decision of the Court was delivered in less than 24 hours. He said it was a great example of the system working. When asked whether the Guyana Courts should strive to deliver their rulings with similar promptness he said “it wouldn’t hurt”. He declined to make further comments about the Guyana judicial system, but admitted “it’s no secret that cases are taking too long to be completed and judgments are taking too long to be delivered”.
Ramson when asked about his thoughts of the decision said that “all cases and especially criminal cases must be viewed through the lens of “fairness” and any instance of an unfair conviction resonates beyond the walls of that single courtroom – it is systemic. So, in granting this application the system of justice and equally important the perception of justice have been manifestly protected.