A day after a murder accused received the court’s permission to challenge the failure by police to send the file on the investigation to the Office of the Director of Public Prosecutions (DPP) for his prosecution and so he can apply for bail, the file was sent.
Justice Eleanor Donaldson-Honeywell granted leave to Davril Williams on Tuesday and gave him three days to file his claim for judicial review. The case was relinquished to the docketed judge, Justice Christopher Sieuchand who will set a date for the first hearing of the matter.
Williams’s attorneys Arden Williams and Mariah Ramrattan, were told the file was sent by Senior Superintendent Singh of the Homicide Division, to the DPP’s Office on Wednesday.
Attorney for the police, Keron Ramkalawan, said with the file being sent, the police service is of the opinion Williams complaint is now academic in nature and ultimately otiose.
However, Newsday was told Williams still intends to pursue his claim for declatory relief.
According to the court record, the judge was asked to consider that from January to April, at least two judges and two magistrates were told the file was not yet sent to the DPP’s office and no reasons given although orders were made by the court.
Williams was arrested on October 3, for the murder of Emero Baynes, an employee of the APT James ferry who was shot dead while driving his car in Mason Hall.
Williams was released three days later, re-arrested on November 24 and charged the following day.
On November 28, Williams made his first appearance in the Scarborough magistrates’ court and a bail application was filed in the High Court on December 2 by his attorney Arden Williams.
At the first bail hearing, the judge gave directions for the State to file a response to the bail application by January 20. At a hearing on January 24, prosecutors Stacy Laloo-Chung and Devanand Ramsaran said they received a scanned file but it was not the correct one.
Directions were given for the filing of submissions but none was filed by the State.
On February 28, the State asked for an extension since they still did not have the file. The extension was given until March 30 and the hearing adjourned to April 18.
On April 6, when the matter came up for hearing before the senior magistrate in Tobago, the police prosecutor told Magistrate Rajendra Rambachan the file still was not sent to the DPP’s office and was at the senior superintendent’s office.
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