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FM
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Jailed babysitter released on bail pending appeal

February 20, 2014 | By | Filed Under News

 

Fatima Martin, the 19-year-old babysitter who was sentenced to five years’ imprisonment for the assault of a one-year-old baby was yesterday granted $100,000 bail.

Lawyers working pro-bono on her behalf secured her release pending the appeal of her sentence.

Attorney-at-Law Sase Gunraj said yesterday that the woman was granted bail and it is hoped that she would post the sum today. A foreign philanthropist has offered to provide assistance following her release.

19-year-old Fatima Martin

19-year-old
Fatima Martin

The attorney told Kaieteur News that the appeal which was filed on Tuesday, speaks to the severity of the sentence and that the Magistrate ought not to have come to such a finding based on the information that was presented.



Martin, who performed babysitting duties, among other things for sitting Magistrate Geeta Chandan and husband, Attorney-at-law Joel Edmond, was jailed last week after she assaulted the couple’s one-year- old baby girl.

Martin appeared before Magistrate Sueanna Lovell and pleaded guilty to the offence before the sentence was handed down. However, there was public reaction over the manner in which the young woman’s case was handled.

She has made allegations against the Magistrate who she claimed assaulted her repeatedly while the husband allegedly threatened to shoot her.


Lawyers have even stated that when they visited the woman she had marks about her body.

It is also alleged that the Martin was not told of her rights following her arrest, nor was she offered to say anything in her defence. When the matter was called at the Sparendaam Magistrate’s Court it was held in-camera, the lawyers said.


While the complainants were represented, including an attorney representing the interest of the injured child, Martin was without a lawyer. Allegations are that the woman was not asked to make a statement or asked whether she had anything to say.

Attorney Christopher Ram told Kaieteur News on Tuesday that he interviewed the woman on Sunday last in his capacity as Secretary of the Guyana Bar Association.

With him was Attorney Mohamed Ali, an executive of the Bar.
Gunraj and Emile Dotson are said to be active in the appeal.

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Originally Posted by Danyael:

Is this the same girl in this picture? If so she was in their employ since she was 14!!!

i think the ABC COUNTRY need to get involve in this case if this girl was a minor when she was employ by this magistrate this is child labour i can see some visa getting revoke here 

FM
Originally Posted by warrior:
Originally Posted by Danyael:

Is this the same girl in this picture? If so she was in their employ since she was 14!!!

i think the ABC COUNTRY need to get involve in this case if this girl was a minor when she was employ by this magistrate this is child labour i can see some visa getting revoke here 

Look the lady eying the gentle caress on the child's head...note she does not think it appropriate ...leaning away is not a body cue that she likes it.

FM

source

Why is the picture above  blocked?


The case against Fatima Martin has to be dismissed

Dear Editor,


It is with the utmost outrage that I pen this letter. As a regular visitor to this country for over 34 years I am familiar with its history and the range of issues that Guyana faces, both on the world stage and at home. Over the years there have been many events that have left me feeling that there is little hope for the country and yet other events that make me feel the future will indeed be better than the past. Over the last few days the meeting held by the Support Group for Colwyn Harding is an example of the latter. But the sentencing of Fatima Martin most decidedly falls in the former camp. Indeed, it is a new low for the legal profession in Guyana.

Fatima Martin is the 19-year-old-girl from Lethem employed as a child minder by two members of the legal profession, Geeta Chandan and Joel Edmonds, who live at Atlantic Ville on the East Coast. Fatima had worked for them since November 2013 and was in charge of looking after their two children, aged one and five. She admitted to hitting the baby in the face. This, it goes without saying, is wrong.

I am a mother myself and I know how upset I would have been to discover that the person you employ to look after your child has hit them. Even in the context of the corporal punishment that is the norm in Guyana I recognize that hitting a baby is unusual.

But what followed in the face of this is so heinous as to beggar belief. Fatima’s statement indicates that shortly after this she was allegedly physically attacked by Geeta Chandan. Within an incredibly short time she was up in court – a court closed to any member of the public by the magistrate, Sueanna Lovell – and sentenced for 5 years.

The parents – Geeta and Joel – had a legal representative, Lakshmi Rahamat, whereas Fatima had none. Geeta and Joel knew their legal rights – Geeta herself is a magistrate and Joel is a lawyer – whereas Fatima was allegedly not even told what her rights were and had no legal representative. She is now in New Amsterdam prison serving her sentence.


This scenario begs a number of questions: Since when was a sentence of 5 years considered appropriate punishment for hitting a child? How were Geeta and Joel able to get this case passed through the courts in such a short time – arrested on a Wednesday and sentenced on the Friday – a matter of a few days? Why did the magistrate not allow anyone in the court apart from the accused, the parents and their lawyer? Why did the magistrate and lawyer agree to participate in this court? But the biggest questions of all are these: Why were Geeta Chandan, Joel Edmonds, Sueanna Lovell and Lakshmi Rahat prepared to abuse the very legal system they represent? Why did they feel they could get away with this egregious abuse of their professional powers?


The Guyana Bar Association and the Chancellor of the Judiciary need to address the behaviour of its members and do what is right. Access to justice cannot be determined by who one knows, how educated one is, how much money one has, or as in this case, how flagrantly one is prepared to use a system for one’s own ends. The case against Fatima Martin should have resulted in dismissal from her job, not a 5 year prison sentence. The case against Fatima Martin has to be dismissed before the reputation of Guyana’s legal profession becomes a national and international disgrace.


Yours faithfully,
Professor Linda Peake
York University
Toronto, Canada

FM
Last edited by Former Member

The punishment does not fit the crime, probation at most is warranted. The afc/pnc have a lot of pull in Guyana as they can put away people for 5 years for the simplest of infractions. Meanwhile they let people like Benschop walk.

FM
Originally Posted by BGurd_See:

The punishment does not fit the crime, probation at most is warranted. The afc/pnc have a lot of pull in Guyana as they can put away people for 5 years for the simplest of infractions. Meanwhile they let people like Benschop walk.

It was Bharat Jagdeo, who freed him after they could not prove their accusations.

Mitwah

Prof. One Luv  Speaks:

Let me first say that I am not advocating child abuse or corporal punishment. However, I am very happy that for the first time justice is being serve. This case before the courts clearly shows how power can be destructive in any society- (the powerful in society and he/she who has no power). I use the word "powerful and no power" because the powerful those who have a prominent place in society will always have it their way. I do agree that the real victim here is the child. However, two wrong does not make a right; give this lady a second chance her young life/future should not come to an abrupt end because of a first time offense. Let us remember God is a God of second chance. The pain this family feels is understandable, may I suggest that this child get some kind of counseling as well as the young lady.

Maybe the best sentence is the court can hand down on a new trial is  ordering this young lady to do Community Service at a daycare/primary/elementary school. I know many of you bloggers will bash me for this suggestion because some of you may feel and believe that she is not capable/fit to be around children. All I would say is let us not condemn this young and powerless lady to a life that can lead to further destruction.

As I am blogging I want to be the devil's advocate - wondering what does Bishop Juan A Edghill thinks of the sentence given to this young lady.

Mitwah

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