Attorney-at-Law Bernard Da Silva has written the acting Commissioner of Police, Clifton Hicken over the release of the Police interrogation of murder accused Brian Richards to a media house.
Richards is currently on remand over the murder of Deputy Headteacher and Actor Kirwyn Mars.
In the letter, which was also copied to the Chancellor of the Judiciary, the Attorney called on the Guyana Police Force to issue a public directive, instructing that the video interview be immediately removed from all forms of circulation.
In the video interview, which was published by the News Room last week, the murder accused was seen and heard admitting to being involved in the murder of Mars.
Da Silva complained that the video was then shared multiple times across social media.
The Attorney said it is interesting to note that the only custodian of the video is the Guyana Police Force.
The Attorney, who was hired by the sister of the accused, said the release of the video could affect the murder trial.
“As you ae aware, any statement given by an accused, prior to a trial is subject to judicial testing before admissibility is pronounced upon by a Court of competent jurisdiction. The subject video interview is not excluded. The said video, is published without due process being observed; and this ill-advised release will inevitably cast a dark shadow of prejudice in having a fair trial for the accused,” the Attorney reasoned.
It was noted that the prosecution had informed the Court that disclosures in the case will be made on the 23rd June.
While Da Silva contemplates what judicial remedies will be taken, he called on the Police Commissioner (ag) to explain why the video was made public before judicial pronouncement on its admissibility.
He explained further that the Chancellor of the Judiciary was sent a copy of the letter because the incident is a likely breach of the Constitution, and touches and concern his client’s fundamental right to a fair hearing.
The murder accused was remanded to jail on May 12.
The preliminary inquiry is expected to begin in August.
The accused was arrested at his Regent Street workplace after video recordings from CCTV cameras captured him and the educator leaving a city bar, less than an hour before the murder on May 8.
The two men shared a close friendship.