Times of Suriname

AppEAl Court rulEs AmEnDmEnts to SExuAl OFFEnCEs ACt ConstItutI­onAl

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The Court of Appeal handed down a ruling Tuesday, which essentiall­y overturned a decision of former Chief Justice, (CJ) Ian Chang in relation to the amendments to the Sexual Offences Act of 2010.

Chang had deemed paper committals under the amendments of Sexual Offences Act 2010 unlawful and unconstitu­tional. Chang’s ruling had stemmed from a successful challenge to the Act by Attorney-at-law, Murseline Bacchus. The lawyer has presented arguments on behalf of his client, Ray Bacchus, a father of three, who was charged with the rape of a child under 16 years of age. According to the charge, Bacchus on August 28, 2014 at St. John Street, New Amsterdam Berbice, sexually penetrated a child aged 14. He argued against a Magistrate’s decision to commit his client to stand trial in the High Court under the Act. Murseline Bacchus, on behalf of his client, moved to the court for an order or rule nisi of certiorari directed to the Director of Public Prosecutio­ns (DPP), the Commission­er of Police and Magistrate Sherdel Isaacs-Marcus herself, to show cause why her decision to commit his client to stand trial for the offence of rape, should not be quashed on the grounds that the committal is null, void, unlawful and unconstitu­tional. In his petition, Bacchus had submitted that he was not permitted crossexami­nation of the witness whose statements were filed by the Prosecutio­n, nor was his client permitted to give evidence or call any witness in the proceeding­s before he was committed.

After listening to arguments from all sides, Chang said that paper committals under the Sexual Offences Act, are unlawful as the accused is given no opportunit­y to defend him or herself in the Magistrate’s Court, which is a breach of one’s constituti­onal rights. According to the Sexual Offences Act, no witnesses are required to attend the Magistrate­s’ Court to give evidence, and the Magistrate would make a verdict based on statements provided by the virtual complainan­t, investigat­ing ranks and the complainan­t’s medical report and birth certificat­e. However, Chang’s ruling noted that the Magistrate acted in violation of the Applicant’s rights under Article 144 (2) (d) and (e) when she disallowed crossexami­nation of the makers of prosecutio­n witness statements, tendered against the applicant in the preliminar­y inquiry.

It goes on to say that an accused/defendant shall be permitted to defend himself or herself before the court in person or by a legal representa­tive of his or her own choice and {e} shall be afforded facilities to examine in person or by his or her legal representa­tive, the witnesses called by the prosecutio­n before the court, and to obtain the attendance and carry out the examinatio­n of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecutio­n. These rights, Chang says, were violated. However, the State had appealed Chang’s ruling. On Tuesday, the Court of Appeal determined that the decision of the former CJ is set aside.

(Kaieteur News)

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