Georgetown- While a recently passed act that has presidential assent gives the right of appeal in a criminal cause or matter, to the Court of Appeal. The absence of the requisite Ministerial Order prevents the Director of Public Prosecutions from appealing Ian Chang's ruling blocking a rape charge against police commissioner Henry Greene.
In a public statement Attorney General Anil NandIall said; I am advised that the drafting of these rules, though commenced, have not yet been completed. ”
Meanwhile, in a preamble to his advice, Nandlall said the right of appeal is a statutory right. However, he said at common law, no right of appeal existed.
“Therefore, if a statute does not permit or authorise an appeal then none exists.” He said ordinarily, an appeal against prerogative remedies granted by the High Court lies to the Court of Appeal. However, there is one exception. This exception is captured by Section 6 (5) (a) of the Court of Appeal Act, Capter 3:01. It reads thus: “No appeal shall lie under this section (a) from any order made in any criminal cause or matter; this provision was interpreted in at least two written decisions emanating from the Guyana Court of Appeal. In both of these cases, civil/ prerogative remedies were sought in respect of matters having their jurisprudential genesis in the criminal law.
The DPP’s recommendation which was challenged was that Greene should be charged with the offence of rape – “a criminal cause or matter”. The jurisprudential nature of the allegation is criminal and if the process commenced, was taken to its procedural conclusion, it would have resulted in the institution of a charge of rape, the attorney general contended
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