Kaieteur News Reports : Magistrate Dylon Bess on Tuesday approved a request from lawyers representing Marlan DaSilva for private hearings related to the preliminary inquiry (PI) and paper committal proceedings. DaSilva, 32, stands accused of fatally shooting his 27-year-old wife, Kenesha Vaughn, during an altercation in February.
Appearing at the Diamond Magistrates’ Court, DaSilva was represented by attorneys Glenn Hanoman and Everton Singh-Lammy. During the hearing, Magistrate Bess made a ruling under the Criminal Law Procedure Act, stating that members of the public and media would be excluded from the PI to prevent potential prejudice against the accused.
In his remarks, Magistrate Bess emphasized that while the court recognizes the importance of public interest, any disclosures would be limited. He noted that should any aspect of the proceedings warrant public reporting, the prosecution could apply to the court for permission.
Following the hearing, a court release indicated that the defense had objected to media presence, citing Sections 62 and 63 of the Criminal Law (Procedure) Act. They argued that public access could infringe upon DaSilva’s right to a fair trial and compromise the integrity of the committal process. The prosecution, led by attorney Nigel Hughes, countered this argument, highlighting the necessity of public scrutiny to ensure transparency in judicial proceedings.
The court acknowledged the media’s vital role in a democratic society, stating, “A free press contributes to public awareness, accountability, and confidence in the justice system.” However, it reiterated that the principle of open justice is not absolute, especially in preliminary inquiries, which are investigative in nature and not trials.
Citing Section 62 of the Act, the court explained its authority to regulate proceedings and exclude the public if deemed necessary for justice or public morality. It further noted that Section 63 reinforces this discretion, particularly regarding untested evidence that may arise during preliminary inquiries.
The court concluded that the general public and media would not be allowed to attend the entirety of the preliminary inquiry. However, family members of both the accused and the victim, who are not witnesses, would still be permitted entry. The court reserved the right to reassess this decision if circumstances change.
During the hearing, attorney Hanoman expressed concerns over the extensive public discourse surrounding the case, citing protests and social media commentary from the deceased’s family. Conversely, Hughes maintained that a public trial was essential, asserting there was nothing to hide.
DaSilva is accused of shooting Vaughn multiple times during a heated argument at their home. Investigators reported that upon his arrest, DaSilva’s blood alcohol level was found to be 83 percent.
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