Guyana Times Reports : Prosecutors from the Special Organised Crime Unit (SOCU) were caught off guard on June 27 when they discovered that three criminal charges against convicted fraudster Dave Rajeshwar Persaud had been dismissed weeks earlier by Magistrate Delon Bess at the Diamond Magistrate’s Court under questionable circumstances.
Persaud, who is currently serving a three-year sentence for obtaining by false pretence, had three additional charges pending. These matters were set for trial continuation; however, SOCU claims they were abruptly dismissed on May 29, 2025, a date the prosecution believed had been adjourned.
On May 29, SOCU received a WhatsApp message from the court clerk indicating that Magistrate Bess would be sitting at the Leguan Magistrate’s Court and requested an adjournment. SOCU proposed a new date of June 27, which the clerk confirmed was acceptable.
When SOCU prosecutors arrived at the Diamond Magistrate’s Court on June 27, they were informed that the cases had already been dismissed on May 29. Magistrate Bess explained that although he was in Leguan, he had joined the Diamond court virtually. He noted that neither the prosecutors nor any witnesses were present, prompting the dismissal of the cases.
SOCU argues that one of the matters was actively being heard and that the virtual presence of the accused from prison did not warrant dismissal in the absence of the prosecution. They emphasized that the victim was still under cross-examination when the trial last convened. The proper procedure, SOCU contends, would have been for the Magistrate to close the cross-examination, declare the prosecution’s case closed, and assess the evidence before issuing a ruling. They assert that this process was not followed and there is no record of it in the case file.
Furthermore, SOCU highlighted the unusual nature of a Magistrate in one jurisdiction dismissing cases from another without proper notice. They also discovered that the court clerk failed to inform Magistrate Bess of the agreement reached regarding the adjournment, which may have contributed to the confusion.
In response to these procedural errors and the lack of due process, SOCU has confirmed its intention to file an appeal concerning the dismissal of the charges against Persaud.
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