The prosecution yesterday challenged the High Court’s jurisdiction to hear a bail application filed on behalf of Police Constable Ryan Greene, arguing that the proceedings had been brought through the wrong legal procedure.
The preliminary objection occupied the hearing before Justice Zamilla Ally-Seepaul at the High Court in Demerara, leaving Greene’s request for bail undetermined. The matter will continue on November 13 at 3.30 pm.
Special prosecutor Darshan Ramdhani, KC, argued that the application had not followed the procedures provided under the Bail Act for challenging a refusal of bail. He maintained that the manner in which the proceedings were initiated raised a fundamental question about the court’s jurisdiction.
Ramdhani also objected to the naming of a police officer, Hinds, as the respondent. He argued that the Director of Public Prosecutions should have been named rather than the officer who laid the information against Greene.
Greene’s attorney, Darren Wade, rejected the objection, maintaining that the application was properly brought and that Hinds had acted as an agent of the DPP.
Wade argued that the prosecution was using procedural objections to delay consideration of the application when his client’s liberty was at stake. He maintained that naming the officer presented no barrier to the court hearing the matter.
Justice Ally-Seepaul said, however, that a challenge to the court’s jurisdiction had to be determined before the substantive application could proceed. She stressed that procedural rules served a purpose and had to be followed.
Greene consequently remains on remand pending further consideration of the application.
Greene’s father, Randy Greene, filed the urgent application on November 3 through Wade, challenging Magistrate Abigail Gibbs’ October 30 refusal of bail.
Greene, 20, and Opposition Leader Azruddin Mohamed were jointly charged under the Cybercrime Act over the alleged unauthorised obtaining and disclosure of surveillance footage of the October 12 shooting involving Special Branch Head, Senior Superintendent Prem Narine.
The charge concerns footage allegedly obtained from a protected computer system at the Guyana Police Force’s Command Centre and passed to Mohamed without lawful excuse or justification. Both men pleaded not guilty and were remanded. Their criminal case is scheduled to return to court on November 24.
The bail application argues that the alleged offence carries a maximum sentence of five years and therefore falls outside the Bail Act’s definition of a serious offence. It also contends that the prosecution produced no evidence that Greene would interfere with witnesses or tamper with evidence.
His father maintains that Greene has no previous conviction and would attend court and comply with any conditions imposed.
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