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Attorney General (AG) and Minister of Legal Affairs Mohabir Anil Nandlall SC MP yesterday filed a Notice of Appeal seeking to set aside the decision of Justice Navindra Singh in Marcelene Washington v Attorney General of Guyana, delivered on 28th December 2022, that a person charged with an indictable offence and placed on bail with surety may leave Guyana without the permission of the Court.
Marcelene Washington, a Senior Superintendent of Police charged with multiple counts of conspiracy to commit a felony had moved to the High Court on several occasions previously for permission to leave the jurisdiction for medical reasons. Her most recent action sought orders which would no longer require her to apply to the High Court every time she is desirous of leaving the jurisdiction.
The AG’s office said given the impact of Justice Singh’s decision on the administration of justice, a Notice of Motion was filed for an early date to be fixed for the hearing and determination of the appeal, for the usual formalities to be dispensed with, and for the Record of Appeal to be settled urgently in order to facilitate such an expedited hearing.
Notice of Appeal
In the Notice of Appeal, filed on the 5th day of January 2022, the Learned Attorney General contends, among other things, that:
- the Criminal Law (Procedure) Act, Chapter 10:01 Laws of Guyana restricts persons charged with an indictable offence and who have been granted bail with surety from leaving the jurisdiction without the permission of the Court;
- this restriction is contemplated, and permitted by Article 148 (3) of the Constitution of the Co-operative Republic of Guyana, Chapter 1:01, Laws of Guyana; and
- The Learned Hearing Judge was bound by the principle of stare decisisto follow the precedent of Clarence Hughes v Attorney General Civ appeal No. 57 of 1979, which exemplifies the arguments of the AG.
Notice of Motion
In the Notice of Motion, the AG posits that the decision of the trial judge violates, and is in conflict with express provisions of the Constitution, established principles of law, and precedent.
In the Affidavit in Support of the Notice of Motion requesting that the appeal be heard and determined early, Clifton Hicken, Acting Commissioner of Police, averred that “the ruling of the Honourable Hearing Judge has deep and far-reaching ramifications for the rule of law and, in particular, the administration of criminal justice in Guyana.”
Demonstrating that view by way of an example, the Acting Commissioner explained that “In my position as Commissioner of Police (Ag.), I have knowledge that hundreds of persons charged with indictable offences and granted bail with sureties can now flee the jurisdiction with impunity, and certainly, without the supervisory role of the High Court.”
Decision of Justice Navindra Singh
On 28th December 2022, Justice Navindra Singh ruled that there is no written law in Guyana which authorises the Guyana Police Force to limit the movement of persons out of Guyana solely because they have been charged with an indictable offence, and placed on bail.
Further, the Learned High Court Judge reasoned that the only condition attached to the granting of bail is the future appearance of the person bailed in Court. If the court granting bail determines that conditions, such as restricting a person’s movement out of the jurisdiction, are needed, those conditions are attached to the grant of bail, the Learned High Court Judge added.
Marcelene Washington, the Respondent in the Appeal, has been charged with multiple counts of conspiracy to commit a felony contrary to section 34 of the Criminal Law (Offences) Act, Chap. 8:01, and those proceedings are currently pending before the Georgetown Magistrates Court.
