August 23,2016 Source

A magistrate in Berbice yesterday evicted a Kaieteur News reporter and members of the public from his court, as a high-profile murder case over which he is presiding continued.

Magistrate Rabindranauth Singh

The clearing of the courtroom took place when the Preliminary Inquiry (PI) into the murder of businessman Shameer Ali Mursalin continued before Magistrate Rabindranauth Singh at the Springlands Magistrate’s Court in Corentyne.Mursalin, called ‘Kazac,’ a trader, of Grant 1805 Weld Tank Dam, Crabwood Creek, Berbice Corentyne, in Region Six (East Berbice-Corentyne), was fatally shot to the head following a longstanding dispute with a fellow businessman, on October 24, 2015.

At the commencement of proceedings yesterday, the Magistrate emptied the courtroom after he was alerted that a reporter from Kaieteur News was present. The accused called the Magistrate’s attention to the reporter, whom they claimed had been recording inside the courtroom.The reporter denied the allegations. However the magistrate was visibly upset.“I see that I have become a celebrity overnight for doing my job,” he stated.He shortly after read out a section of the law which he claimed gives him the right to hold the case in camera (the public not present). He then cleared the court.
Businessman, Dennis Veerasammy, and two of his employees, Basheer Harrinauth and Delroy Fraser, have been charged and are before the court for the murder. The three men are being represented by Attorney at law Chandra Sohan. Police Prosecutor Bernard Brown is presenting the case.

Last week, after a number of adjournments, relatives of the murdered man had raised concerns over the conduct of the trial. They claimed that the Magistrate adjourned the last hearing and did not allow the main witness in the trial to review and sign his deposition.Mursalin’s relatives believed that there is a deliberate ploy to sabotage the case.
According to the relatives, the PI had been postponed on several occasions, despite the availability of several witnesses.
“I AM WITHIN MY RIGHTS TO DO SO.”

Murdered Berbice Businessman Shameer Ali Mursalin.

With regards to the deposition, the magistrate said: “I am within my rights to do so.”He quoted sections of the law.According to Magistrate Singh, the law does not specify a time limit by which depositions are signed.“It could be signed at any time before the accused are called to lead their defence,” Singh explained.“I do that all the time. There is nothing wrong with it.,” he said, adding that he is contemplating taking legal action against the newspaper for recent reports which questioned why the deposition was not signed by the witness.

Kaieteur News contacted a number of lawyers and judicial officials who were in agreement that the magistrate erred.According to a senior member of the Judiciary, it doesn’t take five minutes to review and certify evidence (deposition). “As a matter of fact,” the official said, “the unsigned record of any witness in the trial cannot even be considered a deposition.”The official noted that although the law does not state a specified time, it is considered good practice, because of the legal pitfalls, for the evidence to be read over and signed by the witness as soon as possible.“If something should happen to the witness, the uncertified information is not valid. Furthermore, if there is a lapse of time in certifying the record, it can be problematic and eventually be discredited.”

Meanwhile, Senior Counsel Rex Mc Kay noted that the Magistrate’s decision to hold the matter in camera is also questionable, given that sections of Article 144 of the Constitution of Guyana provide for court proceedings to be held in public, except under specific provisions such as outlined in the Sexual Offences Act.According to the specific section of the article in question, except with agreement with all parties, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any tribunal, including the announcement of the decision of the court or tribunal shall be held in public.

Reportedly, relatives of the murdered man are planning to file a complaint against the magistrate to the Judicial Service Commission (JSC).The JSC is headed by Chancellor of the Judiciary, Justice Carl Singh, who is responsible for appointment of Judges and Magistrates.
In his most recent comment on the conduct of judicial officers, Justice Singh noted that allowing Magistrates who conduct themselves inappropriately to remain on the bench will be a serious indictment on the part of the judicial administration. He added that this act would mean that the judiciary has abandoned the people and public’s interest.

“We have a responsibility to produce an environment which is conducive for hard work. Magistrates in Guyana are servants of the people. It is important that Magistrates and Judges give of their best, so when we find that Magistrates are involved in grave wrongdoing, then we will have to protect the public’s interest,” the Chancellor said.
The PI into the murder of Ali- Mursalin is scheduled to continue on August 29.Meanwhile, the case has been generating some side stories.
A Berbice hotel owner is set to appear in court today for attempting to bribe police ranks to suppress evidence in the case. The businessman was busted in a sting operation over the weekend.The hotel owner is said to be a close relative of one of the accused.