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Courts

High Court strikes down police detention of lawyer as “unconstitutional”

The High Court has ruled that the police detention of a lawyer because she advised her client to remain silent was unconstitutional and the seizure of her cellular phone was wrongful, Attorney-at-Law Nigel Hughes said Saturday. Attorney-at-Law Tamieka Clarke last November sued police for in excess of GY$100,000 in damages but the c0urt has pushed back its decision on the ...

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Law books: High Court’s GY$10m libel decision against Basil Williams basis for suing other accusers- AG Nandlall

Attorney General and Minister of Legal Affairs, Anil Nandlall on Saturday said the High Court’s award of a GY$10 million libel judgement against his predecessor, Basil Williams, for claiming that he had stolen law books, now sets the groundwork for suing anyone who levels similar accusations. “I hope that the public and in social media will desist from accusing me ...

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Prosecutors Code dictates Dharamlall should be charged based on “Public interest”- GHRA

-Code also considers health of victim, withdrawal from case Guyana’s Code for Prosecutors provides sufficient basis for Local Government Minister Nigel Dharamlall  to be charged with the rape of a 16-year old girl although the complainant has formally asked to withdraw the complaint, the Guyana Human Rights Association (GHRA) said on Saturday. “Public interest considerations in the Dharamlall case point ...

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CCJ’s Judge Anderson reappointed to Court of Arbitration for Sports

Judge of the Caribbean Court of Justice (CCJ) and Chairman of the CCJ Academy for Law, Justice Winston Anderson has been re-appointed by the International Council of Arbitration for Sports (ICAS) as a Member of the Court of Arbitration for Sports (CAS) for the period 2023 to 2026. The re-appointment was made  in May, 2023. Mr. Justice Anderson, a native ...

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Trinidad-model plea deal legislation seeks to ease Guyana’s backlog of criminal cases, reduce prison population

Guyana is borrowing Trinidad and Tobago’s plea bargaining legislation, aimed at facilitating discussions between prosecutors and offenders to ease the backlog of criminal cases and reduce the prison population, authorities said. “Its primary intent is to provide the opportunity for prosecutors and accused persons to meet under specific circumstances and negotiate a settlement acceptable to the principles of justice,” the ...

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Hughes defends decision to represent Dharamlall in rape allegation

Well-known Guyanese lawyer Nigel Hughes on Monday defended his decision to defend People’s Progressive Party Civic (PPPC) government minister, Nigel Dharamlall in a rape allegation by a 16-year old schoolgirl, arguing that his priority is to ensure that the system works fairly for the complainant and the accused. “We have to ensure first of all you protect the person who ...

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Abolish jury trials for interior murder cases, new offences- DPP, CCJ judge, others

Guyana’s Director of Public Prosecutions (DPP) Shalimar Hack on Saturday recommended the scrapping of jury trials for murder accused in the interior regions, and offences such as money laundering, trafficking in persons and cybercrime because of the technical nature of the evidence. She called on the Guyana government to amend the legislation to allow for judge-only trials as reasons should ...

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CCJ judge says prolonged case delays are “unacceptable”; recommends system to fast-track cases

Caribbean Court of Justice (CCJ) Judge, Jacob Wit on Saturday expressed concern about the protracted delay in accused persons on bail and on remand awaiting trial, prompting him to recommend the establishment of a pre-trial Chamber in Guyana to address the worrying trend. “Regionally, the delays are such that they are simply unacceptable. In some persons, accused persons are on ...

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CCJ denies special leave to man serving two life sentences for sexual activity with a child

Port of Spain, Trinidad and Tobago. On Wednesday, 21 June 2023, the Caribbean Court of Justice (CCJ), sitting in Guyana, delivered its judgment for the special leave application, AB v The Director of Public Prosecutions [2023] CCJ 8 (AJ) GY. The CCJ denied the Applicant special leave to appeal to the CCJ to review a decision of the Court of Appeal of Guyana, ...

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Minister Dharamlall released on bail after several hours in custody; evidence to disprove allegations to be presented

Local Government Minister Nigel Dharamlall was released from five hours of police custody and placed on GY$1 million bail as police continued to probe a rape allegation against him, Attorney-at-Law Nigel Hughes said. The prominent Guyanese civil and criminal lawyer told Demerara Waves Online News that his client was not questioned during the eight-hour long detention, but the allegation was ...

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