Awaiting trial for 3 years:

A MURDER accused, who has been awaiting trial for the last three years, has filed an application for judicial review against Director of Public Prosecutions (DPP) Geoffrey Henderson for failing to file the indictment.

In an affidavit filed in the San Fernando High Court Registry on June 20, murder accused Ramlochan Gangadeen said he is presently incarcerated at the Remand Yard of the Golden Grove Prison in Arouca.

The 45-year-old Gangadeen said on May 16, 2003 he was charged for the murder of Alexander Williams and the preliminary inquiry into that charge was held at the Rio Claro Magistrates’ Court before Magistrate Omar Jokhan.

He said the preliminary inquiry was completed on December 30, 2003, and he was committed to stand trial in the High Court at the next sitting of the Assizes. Gangadeen said on several occasions since he was committed to stand trial, he had written to the DPP inquiring why the next step had not been taken in his matter. He said copies of his letter to the DPP should be in his prison file and he has requested his attorneys to request copies of those letters to provide to the court. Gangadeen said while he has been awaiting trial since 2003, he has been incarcerated in the Remand Yard at Golden Grove and has endured deplorable conditions.

He said he shares a small cell with as many as seven men, without beds or toilet facilities. Gangadeen further complained that the cell is always hot and humid and the air inside the cell is stale with a constant foul smell.

Gangadeen said at the end of the preliminary inquiry into his matter, he was informed by the magistrate and his then attorney that he could not be granted bail since murder is not a bailable offence. “Therefore I must endure these conditions until I am released or convicted,” he stated.

Gangadeen said he is one of the longest serving prisoners awaiting trial in the Remand Yard and has done nothing to warrant or encourage the delay in criminal proceedings against him. He said since his committal, he has been waiting for the DPP to act. Gangadeen said since there appears to be no degree of urgency by the DPP to deal with his case since the committal documents were forwarded to Henderson on April 19, 2004, there is no realistic chance of the DPP acting in the near future.

Gangadeen said he does not want to wait another two years for the DPP to take the next step in his case and therefore sought legal advice in the matter. Gangadeen also observed that other persons who were incarcerated at the Remand Yard with him, also on murder charges, have been committed for trial and indicted by the DPP. He identified Travis Ali and Kerne Romain, charged with murder in 2003 but acquitted in 2005, as two of those persons.

Gangadeen also noted that Elton Ramisir and Seeromani Maraj Naraynsingh who were committed to stand trial for the murder of Dr Chandra Naraynsingh last year, were indicted, tried and acquitted before the Assizes while he was awaiting for the DPP to take the next step in his case. Gangadeen said he cannot understand why the DPP has not taken the next step in his criminal prosecution and had no other choice but to seek relief from the court to grant an order compelling the DPP to act. Gangadeen is being represented by attorneys Mark Seepersad and Gerald Ramdeen.