| Samuel Hinds Jr, the son of former Prime Minister,China Jerseys Cheap, Sam Hinds, has moved to the High Court in an attempt to stay the Magistrate‘s court proceeding against him. He was found guilty of assaulting and threatening his 18-year-old, sister-in-law, Tenza Layne.Samuel Hinds Jr.Reports are that on February 27, 2014 Hinds, who had accused Layne, of stealing one of his cellular phones,Wholesale Jerseys China, used a gun, thrashed and threatened to kill her at his Lot 83 Duke Street, Kingston residence.Following the incident,Cheap NFL Jerseys China, an unlawful wounding charge was instituted against him.After a trial, Hinds was found guilty of the offence before former Magistrate Geeta Chandan-Edmonds. However, before the Magistrate could have sentenced Hinds, the Judicial Service Commission intervened and dismissed her citing absenteeism among their reasons for doing so.Magistrate Annette Singh was subsequently assigned to the case. Singh had expressed readiness to go ahead with the sentence.According to Singh, Hinds had already been found guilty in relation to the wounding charge and to restart the trial will be to overturn or appeal the guilty verdict. This, the Magistrate had said,NFL Jerseys China, is something she has no jurisdiction to do. Singh had sought directions from the High Court and was awaiting instructions on how to proceed with the matter.However, in court documents seen by this newspaper on Wednesday, Hinds’ Attorneys Peter Hugh and Latchmie Rahamat, noted their request for an order from the Supreme Court to stay any further prosecution/adjudication of the criminal charges filed against Hinds on March 3, 2014.The constitutional motion which was filed earlier last month, is also seeking a declaration by the court that the applicant’s (Hinds) right to due process and protection of the law guaranteed as a fundamental right under the Constitution of Guyana has been and continues to be contravened by the Judicial arm of the State.According to the document, the undue and unreasonable delay by the State to complete the matter is through no fault of Hinds and has operated to the detriment of his case , given that some of his witnesses are no longer willing/available to him.The Attorneys argue that in those circumstances the proceeding will be unfair,Wholesale Jerseys China, unjust, unreasonable and in breach of the principles of a fair hearing.The lawyers further argue that the evidence led by Magistrate Chandan-Edmonds does not support the commission of any offence by Hinds and that the Magistrate’s decision was arbitrary, null,Cheap Stitched Jerseys, void and in breach of their client’s fundamental right.Additionally,NCAA Football Jerseys, the lawyers are seeking a declaration by the court that their client’s fundamental right to a fair hearing within a reasonable time guaranteed under Article 144 (1) of the Constitution is likely to be further infringed if the criminal charges are not stayed.Their request is that the Court makes an order to stay any further prosecution of the unlawful wounding and threatening behavior charge filed against Hinds.Hugh and Rahamat have noted too, that their client’s fundamental rights will likely be further infringed if the charges are determined before Magistrate Annette Singh proceeds with the sentencing. The Attorneys have said that a retrial would violate the Constitution which stipulates a person should not be tried twice for the same offence after he was already tried and convicted.Article 144 (5) of the Constitution states that “No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court in the course of the appeal proceedings relating to the convictions or acquittal.” |
