By Latoya Giles
In a packed courtroom last night, a mixed jury found
that the two men accused of killing eleven persons at
Lusignan, East Coast Demerara, in January 2008,
including five children, were not guilty of the
charges. The men James Anthony Hyles, known as
‘Sally’ and Mark Royden Williams, called ‘Smallie’,
were charged almost five years ago.
Under Bhar-rat Jagdeo
The jury went into deliberations shortly after 11:30
hrs and returned several hours later, with the not
guilty verdict. As the foreman was finished giving the
verdict, Senior State Prosecutor Judith
Gildhaire-Mursalin served a notice of appeal. Attorney
at law Nigel Hughes, who represented James Anthony
Hyles, then made a bail application.
The men
leaving court
last evening after the verdict.
According to Hughes, his client was incarcerated
since 2008. The lawyer explained that after Hyles’
first committal to stand trial, it was delayed thrice
due to the actions of the Director of Public
Prosecutions (DPP).
Hughes disclosed to the court that the DPP had sent
the matter back to court so that further evidence
could be taken. According to the lawyer it was only
after five years, in 2013, that Hyles was finally
indicted. Hughes told the court that he had filed a
constitutional motion for his client, for him to be
brought up for a trial. In the Chief Justice (CJ)’s
ruling, Hughes said, it was seen as an abuse of power
by the DPP. Hughes said that the CJ stopped
short at saying that delay was “unreasonable”.
The lawyer further told the court that his client had
suffered extra years while being incarcerated. Hughes
said that any suggestion to deny bail would be a
further abuse of power. He opined that if the
prosecution gave notice of appeal, they had
anticipated the verdict. The lawyer went on to state
that his client had no previous antecedents. Hughes
said that it would be a “dark day” if the court
was to send Hyles back to jail while the appeal is
being presented.
Prosecutor Mursalin in responding to Hughes’s
application explained that the notice of intention of
appeal had to be served before the accused was
discharged from the prisoner’s dock and that is why
the appeal was done. She explained that this is
stipulated by section C 1 of the Court of Appeal
Amendment Act 4 of 2010. Mursalin said that for Hughes
to say that the State knew they would get that verdict
would be misleading.
After hearing both sides, Justice Navindra Singh said
that he would be granting bail. The judge explained
that he would be granting in the tune of $100,000 on
each count of murder, which totaled $1.1M. Hyles is
also expected to report to the Vigilance Police
Station every Monday until the appeal is completed.
The other accused, Mark Royden Williams, will however
have to remain in prison since he has other pending
matters.
Some 15 witnesses testified and the matter had begun
three weeks ago. Williams was represented by attorney
Roger Yearwood.
On the morning of Saturday, January 26, 2008, gunmen
stormed into the village of Lusignan, East Coast
Demerara, and murdered eleven people, including five
children. Five families were affected by the killings.
AK-47s, property
of the Guyana Defence Force
Police believed that the gunmen who were armed with
shotguns and AK-47s entered the village around 2:00
am, and invaded the homes of five families. Within
about 20 minutes eleven people were murdered.
The victims were Clarence Thomas, 48, Vanessa Thomas,
12, Ron Thomas, 11, Mohandan Goordat, 32, Seegopaul
Harilall, 10; Seegobin Harilall, 4; Dhanwajie Ramsingh,
52; Seecharran Rooplall, 56; Raywattie Ramsingh, 11;
Shazam Mohammed, 22; and Shaleem Baksh, 52.
The mastermind of the massacre was believed to be
Rondell “Fine man” Rawlins. The alleged motive for
the attack was that Rawlins’ girlfriend, 19-year-old
Tenisha Morgan, had vanished on January 18, 2008 while
on her way to a city hospital to deliver her baby.
Rawlins believed that his girlfriend was kidnapped by
law enforcement officials in an effort to force
Rawlins to turn himself in. The Joint Services have
categorically denied this claim.
Saturday,
August 3, 2013