Murder accused moves closer to trial

Madame Justice Carol Gobin, sitting in the Port-of-Spain High Court, granted leave after hearing an application by attorney Gerald Ramdeen, on behalf of murder accused Gary Lewis. Hearing of the judicial review case has been fixed for February 15.

Lewis wants a declaration that the continued refusal of the DPP to file the indictment or issue a discontinuance is illegal, unlawful and unconstitutional. Lewis, who is detained at the Golden Grove State Prison, is a father of four children and has a common-law wife.

Ramdeen informed the court yesterday that although a letter was sent to the DPP on January 3, there has been no response.

On May 17, 2000, he was charged with David Deane and Jason Amarsingh with the murder of Jaziano Miguel. He was incarcerated for 11 months before the preliminary inquiry began at the San Fernando Magistrates’ Court.

At the end of the inquiry, Lewis was committed to stand trial on May 17, 2002. On October 4, 2002, the Clerk of the Peace at the San Fernando Magistrates’ Court prepared the notes of evidence with the depositions of the witnesses and certified them.

According to Lewis, he has heard nothing about his trial. Through his lawyers, Lewis wrote to the DPP seeking information on his trial.

He also wrote to the Ombudsman and the Registrar of the Supreme Court in an attempt to have his case fixed for trial.

Lewis said while he is being kept in the Remand Section, the conditions are deplorable. He shares a small cell with as many as seven men without beds or toilet facilities. The cell, he said, is hot and humid at all times and the air is stale with a constant foul smell.

Lewis said he is the longest serving prisoner awaiting trial in the Remand Section. He pointed out that he has done nothing to warrant such a lengthy delay. "I am very distressed and concerned about the length of time that has elapsed since I was committed for trial," Lewis said in his affidavit.

He said many other persons who were incarcerated with him and after him have been indicted by the DPP.

Some of these persons, he declared, have been tried and found guilty, while others have been acquitted and released from custody.

Among the persons were Travis Ali and Kerne Romain, who were charged with murder in 2003 and acquitted in 2005. Peter Cadette, who was charged with killing his wife and one-year-old son in 2003, was found guilty in November 2005 and sentenced to death. Krishna Basdeo was charged with the murder of his common-law wife in 2003 and found guilty and sentenced to death in October 2005.

"What further concerns me about the manner in which I have been treated and the length of my detention awaiting trial is that the offence for which I was charged and committed (for trial) occurred long before that for which these persons were charged, committed and tried. I do not understand why I am being treated differently from these persons who were similarly circumstanced as I," Lewis added.

Lewis said he has been imprisoned for four years and eight months. He pointed out that it is only the DPP who is vested with the authority to take the next step in his criminal prosecution. The accused said all he wants is to be released or indicted.

"If I am indicted, I will seek to clear my name at the criminal trial itself," he ended.