DPP objects to Volney

Controversy continues to surround the charge relating to the murder of Dr Chandra Naraynsingh. The latest development is the decision of the Director of Public Prosecutions Geoffrey Henderson to write to the Registrar of the Supreme Court Evelyn Peterson to object to the reported assignment of Judge Herbert Volney to preside over the cause list hearing of Seeromani Maraj-Naraynsingh which is expected to be heard this week. Henderson is also objecting to Volney presiding over the subsequent trial of Maraj-Naraynsingh. Maraj-Naraynsingh, who is the wife of prominent vascular surgeon, Professor Vijay Naraynsingh, had been committed to stand trial for Chandra’s murder eight months ago. Her trial is expected to begin shortly as the DPP filed  the indictment last Thursday, clearing the way for the cause list hearing and the setting of a trial date.

On  Wednesday last she had taken the DPP to court charging “unreasonable delay” in the filing of the murder indictment and was granted leave by Justice Charmaine Pemberton to file for judicial review. With the DPP’s filing of the required indictment, the judicial review application is now moot and the road is now clear for trial by judge and jury. The filing of the DPP’s indictment gives rise to a cause list hearing wherein a judge assesses the readiness of all interested parties for the start of the trial. At the cause list hearing which is done in chambers, the judge generally ascertains the availablity of all witnesses, attends to any interlocutory matters  to ensure that when the matter is fixed for trial,  it can proceed on that date, without any need for an adjournment. 

But according to sources the DPP is said to be deeply concerned about the possibility of Volney presiding at the cause list hearing which is scheduled to be held either Monday or Tuesday. Sources said yesterday that the DPP is satisfied that in regard to Volney’s previous involvement in the matter that he (Volney), should recuse himself. Volney was the judge who sentenced Shawn Parris for the murder of Chandra Naraynsingh. (Parris is the key witness in the  matter against Seeromani). At the  Parris’ sentencing Volney had a lot of negative things to say about him and how he viewed him. Volney was also the judge who dismissed the State’s application for the re-indictment of Vijay Naraynsingh with almost unprecedented dispatch, causing amazement in legal circles. There is concern in the DPP’s department that Volney has already been named as the judge who will preside at the cause list hearing this week.  

It is standard practice that the judge who presides over the cause list hearing, also presides over the trial. And the DPP’s letter, sources said, is expected to point this out to the Registrar. DPP Henderson’s letter is expected to be delivered to Registrar General, Evelyn Peterson tomorrow. Volney is assigned to Port-of-Spain this month and the Naraynsingh matter is being heard in San Fernando where Justice Alice Yorke-Soo Hon is assigned. The Naraynsingh matter would normally have been heard by her.  But Volney is reportedly going down to San Fernando to preside over the cause list hearing. 

Legal sources also stated that while it was highly commendable that the Naraynsingh matter  was scheduled for a cause list hearing mere days after the filing of the indictment, there are many cases in the court ahead of this matter which have yet to go for cause list determination. Vijay Naraynsingh’s second wife, Chandra was shot dead on June 29, 1994 outside the Langmore Health Foundation in Palmyra Village, near San Fernando. One year ago, Vijay Naraynsingh, Seeromani and South businessman Elton Ramasir were charged. Professor Naraynsingh was discharged at the Preliminary Inquiry by Deputy Chief Magistrate Mark Wellington, but Seeromani and Ramasir were committed to stand trial for Chandra’s murder.