Guyana’s Director of Public Prosecutions, Shalimar Ali-Hack, has appealed a decision by a magistrate’s court to dismiss a case against a former government minister who was charged with indecent exposure after he allegedly urinated against a fence in the public domain.
The charges were filed against David Patterson after a man complained that on July16, 2023, while attending an event in his area, the former government minister walked across the road and relieved himself against a fence.
The man claimed when he objected, foul language was thrown at him.
In July last year, Patterson appeared at the Georgetown Magistrate’s Court before Senior Magistrate Leron Daly to answer to three charges which included use of obscene language to provoke a breach of the peace, indecent exposure, and indecent exposure to provoke a breach of the peace.
He was then placed on GUY$70,000 bail.
On February 1 this year, Magistrate Dylon Bess dismissed the charges over the lack of sufficient evidence tying him to the allegations.
During the trial, the virtual complainant was called upon to provide evidence, after he claimed to have observed the accused exposing himself while urinating against a fence.
However, under cross-examination, the man was unable to provide any details about the alleged offence and admitted that he looked away from the person who was allegedly urinating.
The video evidence which was offered during the trial revealed that the person’s back was turned away from the complainant.
The video recording also provided no clear image of the person urinating at the fence.
The DPP is now appealing the verdict and wants the decision of the magistrate to be set aside and reversed.
She also wants Patterson to be made to stand the costs of the appeal.
