APNU+AFC motion on West Berbice murders disallowed due to court proceedings

An opposition motion to get the National Assembly to recommend that government seek expert help to solve the murders of West Coast Berbice (WCB) Joel Henry, Isaiah Henry and Haresh Singh was disallowed last week as a result of the charges that have been laid against three men.

Addressing the motion, which was moved by APNU+AFC Member of Parliament (MP) Geeta Chandan-Edmond last Thursday, Speaker of the House Manzoor Nadir noted that since the motion was approved for debate, a number of developments had occurred, including the charges being laid.

As a result, Nadir explained, to entertain the motion would place the National Assembly in breach of its Standing Orders. He added that it may also jeopardise the ability of the justice system to conduct a fair trial of those currently before the court.

After months of investigations, three men, Vinod Gopaul, Anil Sancharra and Akash Singh, were charged on January 15th with the murders of cousins Joel and Isaiah Henry.

“We are aware that three persons have been charged in respect to the murders of these young men and have been placed on remand ahead of intended preliminary inquiry… The police have stated publicly that they are in search of additional suspects,” Nadir said.

The Speaker referenced the motions prohibited by the Standing Orders. He explained that while Standing Order 33 (1) allows members of the National Assembly a right to move motions, it is not “absolute”. He cited Standing Order 26 (G), which precludes a motion relating to any matter which is under adjudication by a court of law.

Nadir said that since charges were already laid for the murders and before the court, the matter is now one which is under adjudication by a court of law.

“This Standing Order gives effect to the sub judice principle, which relates that public statements must not be made regarding a pending case for fear of their impact on public opinion,” Nadir noted.

“The legal effect of this, therefore, is that the motion is not capable of being allowed at this time,” he said.

Joel, 18, and Isaiah, 16, went missing on Saturday, September 5th, 2020 after they left home for the Cotton Tree backlands to pick coconuts. Their mutilated bodies were found the next day. Days after, Singh was murdered in what is believed to be a reprisal killing. No charges has yet been laid in relation to Singh’s murder.

The three accused were arrested by the police on January 10th and 11th. One of them allegedly provided the police with a statement, which was video recorded, detailing his involvement in the crime.

In addition to condemning the killings and recommending that the government seek expert help to solve the crimes, the motion had also sought to have the National Assembly call on the government to continue its earnest investigations, so as to ensure expeditious justice to the family.