‘Merits Over Procedural Defects’

By Travis Chase | HGP Nightly News |

GEORGETOWN, GUYANA — The legal battle to secure pretrial liberty for 20-year-old remanded Police Constable Ryan Greene has escalated to the Court of Appeal of Guyana, after a High Court judge brought his bail application to an end on procedural grounds without ever examining whether he qualifies for release.

Greene, who is jointly charged with Leader of the Opposition Azruddin Mohamed under the Cybercrime Act 2018 over the alleged unauthorized procurement and disclosure of police surveillance data, is asking the appellate court to intervene urgently and overturn the November 11 ruling of High Court Judge Justice Zamilla Ally-Seepaul.

According to the Notice of Appeal—prepared by attorney-at-law Darren Wade and brought on the young officer’s behalf by his father, Randy Greene—the defense is challenging Justice Ally-Seepaul’s decision on 15 distinct grounds, arguing that technicalities were improperly used to extinguish a fundamental constitutional liberty application.

The 15-Ground Appeal: CCJ Precedent vs. Procedural Dismissal

At the core of Constable Greene’s appellate challenge is the contention that the High Court refused to exercise its inherent jurisdiction over bail after the Director of Public Prosecutions (DPP) moved on November 9 to strike out the proceedings:

• Refusal to Exercise Recognized Jurisdiction: Greene’s legal team submits that while Justice Ally-Seepaul acknowledged the High Court possessed the authority to entertain the bail application, she erred in law by declining to exercise that jurisdiction due to procedural issues.
• Curing vs. Terminating: Counsel contends that the judge ought to have exercised judicial discretion to address or cure any procedural defects rather than terminating the entire proceeding without considering the substantive merits of Greene’s bail eligibility.
• Caribbean Court of Justice (CCJ) Principles: The Notice of Appeal accuses the trial judge of failing to apply binding legal principles established by the Caribbean Court of Justice (CCJ), which mandate that courts must—wherever reasonably possible—determine disputes on their substantive merits rather than disposing of cases on technical or procedural technicalities, particularly where personal liberty is at stake.

Relief Sought: Direct Appellate Bail or Reassignment

Highlighting that Constable Greene has been held in custody since October 26, 2026, and remains incarcerated at the Lusignan Prison, his legal team argues that prolonged detention makes an urgent substantive determination imperative. The Notice of Appeal asks the Court of Appeal for specific orders:

1. Overturn the High Court Order: Set aside Justice Zamilla Ally-Seepaul’s November 11 decision terminating the bail application.
2. Reject the DPP’s Strike-Out Motion: Dismiss the Director of Public Prosecutions’ November 9 application seeking to strike out the High Court proceedings.
3. Grant Bail Directly: Admit Constable Greene to bail directly from the appellate bench on whatever reasonable terms and reporting conditions the Court deems appropriate.
4. Alternative Reassignment: In the alternative, remit the bail application back to the High Court for an urgent substantive hearing before a different judge.

Broader Context of the Cybercrime Remand

Constable Greene was remanded to prison alongside Opposition Leader Azruddin Mohamed on October 30 at the Sparendaam Magistrates’ Court, following allegations involving unauthorized access to and disclosure of electronic surveillance footage from the Guyana Police Force Command Centre.

With both men contesting their detention through parallel motions in the superior courts ahead of their scheduled November 24 return to the Magistrates’ Court, Greene’s appellate filing sets the stage for an urgent review of how superior courts balance procedural compliance against constitutional liberty.