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Appeal Court refuses Bisram’s urgency request

first_imgChallenge to DPP’s murder charges– applicant taking case to CCJIn what is being viewed as an abuse of the court system, high profile murder suspect Marcus Bisram’s move to have the Director of Public Prosecutions (DPP) withdraw a murder case pressed against him was delayed owing to the Appeal Court dismissing an urgency application on Tuesday. This determination caused his mother, Sharmila Inderjali, the applicant, to pay the State over $250,000 in court costs.Bisram, a wealthy Guyanese-born businessman based in New York, is accused of having arraigned Berbice carpenter Fiyazz Narinedatt’s death after he rejected his sexual advances two years ago. Attorney Siand Dhurjon appeared for theMurder accused: Marcus Bisramapplicant, while Solicitor General Kym Kyte and Stacy Goodings appeared for the State. Goodings has been appearing for the DPP Chambers as the State Prosecutor in the preliminary inquiry (PI).After the ruling, Kyte told Guyana Times that the court costs awarded could not compensate for resources the State has expended. Meanwhile, attorney Dhurjon confirmed that the applicant would be taking his case to the Caribbean Court of Justice (CCJ).The Appellate Court’s decision was read by acting Appellate Justice Dr. Arif Bulkan, who opined that the applicant’s filing repeated litigation amounted to an abuse of the court’s process. According to the case’s background as outlined in the judgment, High Court Judge Navindra Singh had already dismissed the case on November 24, 2017.The appeal was mounted by Bisram’s mother, Sharmila Inderjali. She was the applicant as ‘next friend’ of her son. What the mother sought of the court was enshrined in two prerogative orders against the DPP. One was an Order Nisi or Rule Nisi of Prohibition prohibiting the DPP from further proceeding with the murder case on grounds that this would be “irrational, unreasonable and an abuse of power”. The second was an Order or Rule Nisi of Mandamus compelling the DPP to wholly withdraw and discontinue the case on the grounds as previously stated.The Appellate judge highlighted that this most recent case was the third such application that sought similar reliefs – these being to compel the DPP not to continue prosecution against Bisram. It was indicated that a separate motion was brought another judge in a separate county.“This troubling history raises issues (not to mention eyebrows) as to possible abuse of process and deception,” the judges outlined.What the court refused was the application for an urgent hearing based on Bisram’s contention that his liberty was at stake and that the case against him was weak. After citing several decisions of case law, the court found that the documents exhibited by the applicant could not yield reason or submission that this case was deserving of an urgent hearing.The court, however, opined that Bisram is “far from unique”, as his case is one of hundreds of similar matters before the court. Moreover, the Appellate judges stressed that there are multiple stages before a person is eventually sentenced. The judges further reminded that under law, murder is serious, perhaps second only to treason. This means that Bisram’s case will be heard like any other.“…what is at stake here is no trivial charge, but a matter of immense public concern. There is thus a very strong public interest in all of the state’s criminal justice procedures being allowed to progress,” the court reasoned.Referring to attorney Dhurjon’s submission that a witness offered contradictory statements during a separate PI under oath, the judges disagreed with his argument that it being under oath immediately rendered it stronger. The judges stressed that evidence given in one trial is inadmissible at a different trial if is led to prove truth.The Court highlighted that the applicant and attorney, Sanjeev Datadin, in written submissions accused various officers of the State of misconduct, and some by name.“These are serious allegations against some of the highest constitutional offices in the country, and are not likely to go unchallenged. They should be given every opportunity to do so,” the Court said.At the same time, however, recognising constitutional considerations, the court reasoned that contextual factors discussed should not be used as a shield against criticism or excuses for sloth. The judges have declared also that the time span of appeals should not differ too dramatically.“Every person is entitled to access to the courts on the same terms; any preference afforded on the basis of one’s connections or ability to access the best lawyers is a violation of equality, and even the rule of law,” the Appellate judges outlined.In handing down its decision, the court refused Inderjali’s application for relief as sought in her February 6, 2018 Motion appealing Justice Singh’s decision. Further, the court determined that the challenge to the November 24, 2014 Fixed Date Application must take its normal course.Meanwhile, Bisram’s legal team is in the US still fighting the extradition order which was signed in October last by US Judge Peggy Kuo. Bisram was charged in absentia in 2016 for the murder of 27-year-old Number 70 Village Corentyne Carpenter Fiyazz Narinedatt who was killed.Radesh Motie, Diadatt Datt, Harri Paul Parsram, Orlando Dickie and Niran Yacoob, were all charged. Two of the accused had allegedly confessed to investigators that they were ordered by the overseas-based Guyanese businessman to dump the carpenter’s body on the Number 70 Public Road to make his death seem the result of a hit and run accident.Additionally, the businessman’s mother and sister were accused of offering bribes to Police ranks to “duck the case”. Since the commencement of the preliminary inquiry in Berbice, several persons were accused of witness tampering.last_img read more

Exhibits in former GRDB accountant’s trial go missing

first_imgSeveral exhibits to be used as evidence during the trial of former accountant of the Guyana Rice Development Board (GRDB), Peter Ramcharran could not be found last week when the case resumed at the Georgetown Magistrates’ Court before Chief Magistrate McLennan.Charged: Peter RamcharranUpon resumption of the matter, Attorney-at-Law Nigel Hughes appeared on behalf of Ramcharran, who was previously represented by Attorney Sase Gunraj.Nevertheless, the hearings proceeded with the continuation of defence witness Leslie Veerasammy’s testimony.However, when a request was made to have the witness identify exhibits, the Chief Magistrate subsequently ordered a short adjournment. On resuming, the court was informed that the evidence material could not be found.As such, the matter was adjourned and set for January 6, 2020, when another witness will be called to give evidence.Ramcharran was slapped with 39 fraud charges in March 2019, after being extradited from Canada.The Chief Magistrate is dealing with 22 of the cases, while Magistrate Sherdel Isaacs-Marcus will preside over the 17 charges of keeping fraudulent accounts.Particulars of the first five charges allege that between the years 2011 and 2015, Ramcharran, while being the accountant of GRDB, failed to enter some $414 million in the GRDB’s ledger.Ramcharran was slapped with 17 other charges which allege that he, along with former General Manager of the Guyana Rice Development Board (GRDB), Jagnarine Singh and his deputy, Madanlall Ramraj, omitted entries into the company’s ledger.The charges allege that Ramcharran failed to enter true entries of over $4.2 million into the company’s ledger, knowing that it was contrary to standard operating procedures between 2011 and 2012, at the company’s Lot 16-17 Cowan Street, Kingston head office.The other charges allege that Ramcharran along with Singh and Ramraj fraudulently took $5.1 million or used the sum for their own use and benefit, or any use and purpose other than that of the GRDB.The matters are being prosecuted by Special Organised Crime Unit (SOCU) Prosecutor, Patrice Henry.last_img read more

Four escape Sylmar Juvenile Hall

first_img AD Quality Auto 360p 720p 1080p Top articles1/5READ MORE‘Mame,’ ‘Hello, Dolly!’ composer Jerry Herman dies at 88160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! LAPD officials are looking for an attempted murder suspect and three other teenage detainees who escaped from Sylmar Juvenile Hall early Thursday. The attempted murder suspect, identified as Isaiah Walker, faces up to 75 years in prison for the alleged crime. The other three teens were facing burglary and robbery charges. The minors, who are believed to have gang ties, escaped the detention facility at about 3:30 a.m. by breaking through the ceiling and using bed sheets to climb over a wall. They later approached a residence, made up a story about having car problems and asked to use the phone. Police Sergeant Lee Sands told NBC4 that the teens later hijacked a car and demanded to be taken to South Los Angeles. The teens are identified as Darrell Duncan, 14, Isaiah Walker, Kenny Mack and Nicolas Pipkins, all 17.last_img read more

“Show us some respect”: Protest at BOI Bunbeg against removal of Irish on ATMs

first_imgA protest was organised this afternoon against the removal of the Irish language option on Bank of Ireland ATMs.The protest took place at the Bunbeg branch today at 1:30 pm.Speaking to Donegal Daily, Independent Councillor Micheal Cholm Mac Giolla Easbuig says it’s an “absolute disgrace that this option is being taken away.” “The State is meant to promote the Irish language, and Bank of Ireland’s decision to remove this option is dismissive of Gaeltacht communities.“This is typical of banks, who are solely concerned with profit. It’s most likely a cost-saving mechanism, but it shows total and utter disrespect to the Gaeltacht community.“One time in the area we had three banks, but there’s nothing left now but the skeleton of a bank. The State is not investing properly in West Donegal as it is, a region hammered by immigration and unemployment.“I would ask them to immediately reverse their decision. Show us some respect.” The decision to remove the Irish language has also been slammed by Pearse Doherty TD, who says it is a “backward step” and “undermines the rights of Irish language speakers.”He added that the removal of the option demonstrates “a serious lack of consideration regarding the Irish language and the language rights of speakers.”Donegal Daily contacted Bank Of Ireland for comment and clarification regarding whether the decision to remove the Irish language option will affect ATMs in Gaeltacht regions.In a statement to Donegal Daily, a spokesperson said that as fewer than 1% of ATM transactions on those devices are completed in Irish, it “hasn’t been viable” to provide an Irish language option on machines manufactured from 2010 onwards.“We provide an Irish language option on all retail ATMs (i.e. ATMs co-located within retail units) and on some ATMs located within our branch network. We are the only bank to provide the Irish language option on these devices. “As the largest lender to the Irish economy, and through our nationwide enterprise programme, our personal and business lending, and a diverse range of sponsorship activities, Bank of Ireland has a long tradition of supporting Irish culture, sport and enterprise nationally, and across all the local communities in which we operate.“Bank of Ireland supports Irish-speaking customers by providing key services in the Irish language including the provision of chequebooks, and withdrawal and lodgement dockets in Irish. Our Youth Programme with primary and secondary schools also includes events and literature through Irish.”When directly asked if ATMs in Gaeltacht regions would maintain the Irish language option, the spokesperson said: “ATMs in retail units will carry the Irish language option and will be upgraded on a like for like basis.”This follows the Bank of Ireland’s decision to remove over-the-counter cash services from four of its Donegal branches at Bunbeg, Bundoran, Glenties and Moville, effective last month. It’s also understood that over-the-counter cash services at eight other branches in the county were scaled back from a full service three times a week, to a part-time service Monday to Friday.“Show us some respect”: Protest at BOI Bunbeg against removal of Irish on ATMs was last modified: September 2nd, 2017 by Elaine McCalligShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:atmBank of IrelandBunbegirishprotestlast_img read more

Which Eastern Conference teams are the Warriors’ biggest threats?

first_imgAfter winning three NBA championships in the past four years, the Warriors … Klay Thompson subscribes. You can too for just 11 cents a day for 11 months + receive a free Warriors Championship book. Sign me up!PHILADELPHIA – The Warriors could not suppress their laughter.Yes, the Warriors felt disappointed they have lost three of their past five games, including two contests in consecutive nights. But does that mean the Warriors are worried?“No,” Stephen Curry said with a smile.last_img read more

Gauteng Department of Education, 20 years on

first_imgSince 1994, the Department of Education has built 153 primary schools, and 128 secondary schools. In addition, more than 7 069 classrooms were built in existing schools to meet an increased demand for schools in the province; 11 946 toilet seats were also provided. (Image:• Phumla SekhonyaneChief Director: CommunicationDepartment of Education+27 11 355 Jane CookThe Gauteng Department of Education‘s 20 Years in Review conference, held at Turffontein Racecourse on 15 April, reflected on improvements in public education in the province since 1994. Attended by some 700 education professionals, including members of school governing bodies, teachers, principals and other interested parties, the conference was based on an independent review conducted into public schooling in Gauteng from 1994 to 2014. The department commissioned researchers at the University of the Witwatersrand’s School of Education to conduct the review in 2013.The review covered how education in the province has changed since 1994, its current state, and what has been achieved in the sector over the past 20 years. The conference also addressed challenges yet to be tackled and shortfalls in the sector, and the department’s priorities for the future.“We thought it prudent that as we celebrate 20 years of democracy in our country, we should use this time to reflect on the gains made and the road ahead,” said Gauteng Education MEC, Barbara Creecy.Creecy added, “How far we have come becomes clear if we turn the clock back 20 years from 1994 as a mirror to today. Systems differed for white, African, Indian and coloured children, with curricula for African children particularly designed – in Verwoerd’s [prime minister of apartheid South Africa from 1958 to 1966] words – to produce the ‘hewers of wood and drawers of water’ that white South Africa required to do the hard and dirty work.”Improvements in Gauteng schoolsAccording to the review, the department’s achievements include:• The number of children in school growing by 59% (809 334) from 1.3 million in 1994 to 2.1 million in 2014.• The number of children in special schools growing by 65%, from 25 515 in 1994 to 42 058 in 2014. A special school is one not categorised as an ordinary school – these include schools for children with disabilities and those offering specialised education.• The increased recruitment and distribution of teachers, from 44 020 across the public school system in 1995 to 54 803, to meet the challenges of increasing pupil numbers.• In special schools, teacher numbers are up since 1995, growing from 2028 to 3059 teachers in 2014.Creecy noted further achievements: that the numbers of students writing matric had increased by 33% since 1996, from 73 164 to 97 897 and that the matric pass rate increased from 61% in 1994 to 87% in 2013.Since 1994, the Department of Education has built 153 primary schools, and 128 secondary schools. In addition, more than 7 069 classrooms were built in existing schools to meet an increased demand for schools in the province; 11 946 toilet seats were also provided.Creecy added: “We also built 300 administration blocks, 204 media centres, 443 multi-purpose classrooms and 1204 computer centres to ensure that incomplete schools were provided with the necessary structures to ensure that they become fully functioning schools.”Since 1994, the department has also built 611 Grade R classrooms in existing schools to support the universal rollout of Grade R across the province.The MEC also pointed out that the flow-through rate of Gauteng students is the best in the country. The flow-through rate measures how many pupils stay in school from Grade 1 through to Grade 12. The flow-through rate in 2013 was 63%, compared with 42% in 2006. She said, “All of these successes must be seen against the backdrop of a growing number of no-fee schools and this means, in practical terms, that education is free for the majority of our children in Gauteng public schools.”Creecy identified three areas to focus on in the future: teacher development; a social plan to address issues such as bullying, school violence and ill-discipline; and school governance, including improvement training for governing bodies.She concluded by saying, “Twenty years on we are celebrating 20 years of freedom, reflecting on what we have achieved. It is time to understand that education is a right and not a privilege.”last_img read more

Money Monday

first_imgBy Barbara O’NeillWhat are the qualifications for assistance to service members under the Home Affordable Foreclosure Alternatives (HAFA)?To qualify for assistance under the Home Affordable Foreclosure Alternatives (HAFA) program, the service member must:live in the home or have lived there in the past 12 months;have a documented financial hardship;not have purchased a new house within the last 12 months;have a first mortgage that is less than $729,750;have obtained that mortgage on or before January 1, 2009;have a mortgage that is owned or guaranteed by Fannie Mae and Freddie Mac or serviced by a Home Affordable Modification Program participating servicer; andnot have been convicted within the last 10 years of felony larceny, theft, fraud or forgery, money laundering, or tax evasion in connection with a mortgage or real estate transaction.For service members, PCS moves qualify as a documented financial hardship, and thus they are able to take advantage of this government program.For more information, refer to more military personal finance blog posts and webinars by experts.Follow Dr. O’Neill on Twitter!This post was published on the Military Families Learning Network Blog on June 3, 2013.last_img read more

Media is raking up non-issues: Parrikar

first_imgGoa Chief Minister Manohar Parrikar on Wednesday blamed the media for raking up non-issues such as the Mahadayi water dispute and shortage of beef in the State.Mr. Parrikar, in his post-Cabinet briefing here on Wednesday, said, “Mahadayi is neither my issue, nor his [Prime Minister Modi’s] issue. It is not Goa’s issue either. This issue has been created by you [the media] to create news. It is not an issue for me.” The dispute was sparked following Mr. Parrikar’s letter to Karnataka BJP chief B.S. Yeddyurappa offering to discuss the sharing of drinking water on humanitarian grounds.Mr. Parrikar’s letter to ahead of the Karnataka Assembly polls triggered protests both in Goa and Karnataka. A group of 21 NGOs in Goa, including Mahadayi Bachav Abhiyan, has demanded Mr. Parrikar to withdraw his letter.The Chief Minister also accused the media of playing up the shortage of beef in the State after meat traders went on a strike for four days in protest against harassment by cow vigilante groups and government officials.last_img read more

Sharad Pawar says he will not contest from Madha Lok Sabha seat

first_imgNationalist Congress Party (NCP) leader Sharad Pawar on Monday announced that he would not be contesting the coming Lok Sabha election from the Madha Lok Sabha constituency in Maharashtra’s Solapur district.Mr. Pawar’s statement comes less than a month after NCP brass said Mr. Pawar, who had ostensibly retired from electoral politics, would enter the fray from Madha.At the same time, Mr. Pawar endorsed the candidacy of Parth Pawar — son of senior NCP leader and former Maharashtra Deputy Chief Minister Ajit Pawar — from the crucial Maval Lok Sabha seat in Pune.Earlier remarkMr. Pawar had said both his grandsons, Mr. Parth and Rohit Pawar, would not be contesting the Lok Sabha election while he [Sharad Pawar] would be stepping into the fray.The NCP chief told reporters in Pune, “While there was an eagerness in the party that I should contest from Madha, a question arose at the family-level was that how many members of one family are to contest the election…two members of my family [Mr. Pawar’s daughter, MP Supriya Sule and Parth Pawar] are already contesting. I thought it would not be proper for me to contest as I have already done so 14 times in the past. There is still time for the tenure in the Rajya Sabha to get over. So, I will be remaining there [in the Upper House].” While Ms. Sule’s candidacy from the Pawar stronghold of Baramati was a fait accompli, there was considerable speculation about whether Mr. Parth would eventually get a ticket.Remarking on Mr. Parth’s candidacy, Mr. Pawar said that it was felt within the family that the “new generation [of the Pawar clan] be given a chance and that NCP workers too were eager about Mr. Parth contesting the election.“Furthermore, our ally, Peasants and Workers Party (PWP) leader Jayant Patil, too had recommended that Mr. Parth should fight the election from Maval. We have lost this seat twice and we feel that someone from the younger generation would strike a chord with the constituents and offer a stiff fight to the Opposition,” he said.At the same time, he roundly dismissed suggestions that he was withdrawing his candidacy out of fear of losing the election. “I have not withdrawn my candidacy out of any worry or fear of defeat…I have already contested 14 times in the past and never withdrew my candidacy then. So, please drive out the thought of my pulling back out of any fear,” he remarked in a humorous vein.Mohite-Patil and his supporters’ resentmentIt is widely expected that ticket for the Madha seat would be given to present NCP MP Vijaysinh Mohite-Patil or his son, Ranjitsinh Mohite-Patil.Some observers aver that Mr. Pawar’s decision comes in the wake of intense resentment displayed by Mr. Mohite-Patil and his supporters in Solapur, one of the districts in Maharashtra’s sugar heartland.With a view to quell this factionalism raging within the party, a marathon meeting of top NCP leaders, including Mr. Ajit Pawar, Udayanraje Bhosale, Mr. Mohite-Patil and veteran legislator Ganpatrao Deshmukh, the leader of the Peasants and Workers Party (PWP), took place at Pune’s Baramati Hostel on Monday.It is believed that Mr. Mohite-Patil, a former Deputy Chief Minister, and his son held talks with Mr. Pawar at the latter’s residence in the city on Sunday night.Mr. Mohite-Patil was among the few NCP leaders who held his own against the Modi ‘wave’ sweeping the State in the 2014 general election. A strong faction within the NCP had bitterly resented Mr. Mohite-Patil being shunted aside after it was announced that Mr. Pawar himself would contest from Madha.“We will announce the candidate for Madha within the next couple of days,” said Mr. Pawar.Sujay Vikhe-Patil’s expected defection to BJPAt the same time, he said there was no reason why the expected defection of senior Congressman Radhakrishna Vikhe-Patil’s son, Sujay Vikhe-Patil, to the BJP would affect the Congress-NCP alliance in any way. “I do not think that Radhakrishna Vikhe-Patil will also join the BJP…I have no doubt of his loyalty towards the Congress,” he said.Mr. Pawar further said that while he did have talks with Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, he had never urged Mr. Thackeray to join the Congress-NCP coalition.Hitting out at the BJP, he said: “We are confident that BJP’s graph is going down. They have not fulfilled their promises made after coming to power.”Fadnavis’ commentMeanwhile, delivering a rebuke to Mr. Pawar, Chief Minister Devendra Fadnavis said  in Mumbai: “I think this [Mr. Pawar’s decision not to contest the election]is a big victory for the BJP and the National Democratic Alliance [NDA]. Mr. Pawar has understood correctly which way the political winds are blowing and has wisely refrained from contesting the poll.”last_img read more

Somdev dreams of Olympic medal

first_imgA positive approach infuses so much passion into Somdev Devvarman’s rapidly-rising game that on his day he can bring some of the top notch and toughest players on their knees.Somdev, world No.72 and India’s No.1 player, has now set his sights at Olympics next year. He is very optimistic about his prospects and says it is his dream to represent the country in London.”It’s a great honour to represent India in all international event, such as the Olympics. It’s always been a dream to be a part of the contingent that walks into the opening ceremony, along with other athletes of our country.It is just something else,” Somdev told Mail Today.”It seems like there’s a lot of preparations (by other athletes) going on. I think our chances are pretty good. It would be awesome if I’m able to win a medal for the country,” he says.Somdev, 26, recently impressed with his fighting instinct at Indian Wells where he enjoyed a sensational run. He not only defeated world No.24 Marcos Baghdatis, No.45 Xavier Malisse, but also gave a good fight to world No.1 Spaniard Rafael Nadal before losing in the prequarterfinals.With his brave effort against Nadal and Swiss legend Roger Federer in Dubai Open, Somdev left no scope to doubt his abilities.”Before the match against Federer, there was a bit of nervousness and excitement. I was about to play one of the greats of tennis. That feeling carried on for the first few points,” he said.advertisement”After that, however, I got into match mode. I just saw them (Federer and Nadal) as any other opponent standing across the net and I tried to focus on the job at hand, being competitive and playing the best tennis I could possibly play. After both matches, there was obvious disappointment since I lost. But I think I played good matches both times and felt good about the level at which I was playing.”Somdev said he gained a lot from the two matches.”These experiences definitely helped in my subsequent matches. I learned a lot from them. I think I’ve played some really good matches recently.Having said that, I also think there is plenty of room for improvement,” he said.Asked about his chances of breaking into the top 10 in the world rankings, Somdev said that he sets one goal at a time.”If I play up to my potential, and perform consistently, I think the chances are pretty good. You do well on court your ranking goes up; it’s directly co-related.But let’s just take it one step at a time; one goal at a time. Seeing the rise in my rankings definitely makes me feel good,” he replied.”There’s always work to be done, improvements to make, changes to implement. Tennis keeps evolving and you have to evolve as well. I have to work on all aspects of my game. Everything could always be better.”Somdev turned down all suggestions that Indians cannot do well in singles.”Fitness is definitely a factor but it’s not the only reason. At the highest level, even a small flaw can be magnified ten-fold. Hopefully, in the coming years, all our shortcomings will be ironed out and younger players will emerge,” he hoped.The US-based Somdev sounded optimistic about his future in tennis and said that youngsters need to do well at the international level to help make the game more popular in India.”There is interest in the game. It helps if we have courts available for kids to play on, and make them more accessible. But the effects of Leander (Paes) and Mahesh (Bhupathi) doing well on the international stage is being felt now with younger players coming through the system. It’s naturally now left to the next generation of players to continue to do well internationally to keep that interest alive,” he said.Somdev said that tennis does not require new formats as they have like Twenty20 in cricket.”Even the older ODI format was an eight-hour event. With T20, the time span has been reduced greatly to bring in the crowds,” he said.”I think tennis is a very peoplefriendly game as it is. A tennis match normally does not last as long. And the crowds feel more involved simply because they are closer to the action. If the interest is there in the sport the crowds will come.”last_img read more