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FM
Former Member

Magistrate Leron Daly under fire

April 20, 2016 | By | Filed Under Letters 

Dear Editor,
The recent brouhaha concerning the Colwyn Harding rape case smacks not only of Guyanese
misdirected sense of  protesting when it is vitally necessary, but also deals a black eye to the justice system and its representative Magistrate Leron Daly.  At the court hearing on March 30, it is stated that the legal representatives of the two sodomizers, actually police constables made applications that the charges be dismissed on account of paucity of evidence, and in the interest of time wasting of the court due to prolongation of the matter. The defendant had been absent during previously scheduled hearings.
In 1923 a leading English case Chief Justice Hewart in R v. Sussex Justices, ex parte McCarthy brought into everyday parlance the often repeated  aphorism “ not only must justice be done; it must also be seen to be done. Having thus said any presiding Magistrate knows that a safe working rule would be to apply this saying without fail in each and every case over which he presides. Seemingly, the attorneys appear to be in better control of things than the Magistrate and had their wishes granted. Cowboy Country or Boys and Girls Club one may ask?
This magistrate should face some sort of investigation/ sanction/ reprimand or the like from the Bar, lest her actions be interpreted as being indicative of current law dispensation in Guyana. How much lower can the Bar go, as this magistrate has certainly not only dropped it a shockingly low level, but has also made it a laughing piece.
It is of fundamental importance that not only should justice be done, but above all should undoubtedly be seen to be done. Perhaps the Magistrate needs to be reminded lest he finds himself in dire straits. Let me fast forward to the two perpetrators, or more aptly described the individuals fingered in the assault, Constable Devin Singh and Roselle Tilbury-Douglas, and endeavor to penetrate their innermost thoughts regarding the fortuitous coincidence that made them face such a bumbling magistrate.
Colwyn Harding will forever be reminded of the trauma he suffered at the hands of those who pledged to protect and serve. Like the magistrate, their displayed behavior is depictive of the darker side of the Police Force. Their inhumane behavior like so many of their peers has irrevocably demonstrated to the public that they are not up to the job, and as such should not be protected anymore.
I am hereby calling For the following:  a review of the case, on the Bar to investigate Magistrate Daly, with possible recuse if deemed necessary and appropriate, for the public to speak out about this grave violation of human right and dignity, letting their voices be heard not only in Guyana but worldwide, for the Head of the Police Force to deal swiftly and harshly with the accused members of their ranks, sending a strong message of deterrence to others with similar propensities. One may say that they (ranks) are not guilty until proven otherwise.
Yes, that may be so, other than the perforated anus, those who are wise know that the victim is undeniably incapable of such self-injury. Support the Colwyn Harding Support Group as this case must not be swept under the rug. You asked for Change so make undoubtedly sure that you get what you asked for. Keep on the trail.
 Yvonne Sam

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