Jagdeo’s criminal charge … Magistrate must prove she has authority to hear case
July 15, 2015 | By KNews | Filed Under News, Source
A High Court order has interesting questions being asked about the possible implications it could have on other cases.
Magistrate Charlyn Artiga presiding at the Whim Magistrate’s Court had already started hearing a private criminal charge against former President Bharrat Jagdeo when the High Court order came down from Justice William Ramlal last month. As a matter of fact, the case had been called three times.
In effect, it caused the case at the lower court- the Magistrate’s Court- to be halted.
Legal minds are now saying that the precedent set by this case is likely to spark other High Court actions that can see cases before Magistrates being halted.
The Order/Rule Nisi of Certiorari is directing Magistrate Artiga to show cause why a Writ/Order of Certiorari should not be issued against her and to quash her decision or ruling in the private criminal proceedings.
Attorney-at-law Christopher Ram had filed the charge against Jagdeo at the Whim Magistrate’s Court, Corentyne, Berbice. The charge is that Jagdeo uttered words causing racial or ethnic hatred, contrary to Section 139 D (1) (a) of the Representation of the People’s Act, Chapter 1:03.
Jagdeo’s lawyers applied to the Berbice High Court for the writs and order, contending that the Magistrate’s orders in the case are “irrational, unreasonable, erroneous, in law and is null, void, and of no legal effect”.
Magistrate Artiga, on May 25th, had already started the case, warning if Jagdeo did not turn up, she would be issuing an arrest warrant. He later showed up at that Berbice court, rushing from his Pradoville Two home, East Coast Demerara. Standing in the prisoners’ docks, he was placed on self bail after the charge was read to him. He was also restricted from travelling unless he asked the court’s permission.
Jagdeo’s lawyers in late May successfully approached the High Court asking the travel ban be overturned.
On Monday, it was announced by Magistrate Artiga that she could not proceed because of the High Court order. She set the matter down for a report on September 23rd.
According to court documents from the High Court, Justice Ramlal also ordered an Order Nisi directing the magistrate to show cause why a Rule Nisi of Prohibition should not be issued, directing her from taking any steps in the proceedings on the ground that she has no jurisdiction to inquire into the charge.
The lawyers are arguing also that the charge is fundamentally defective and legally invalid and that the continuation of the criminal proceedings is an abuse of the processes of the court.
The magistrate now has to show good and sufficient cause why the order of prohibition should not be made absolute.
The Berbice High Court matter continues on Friday, July 17 before Justice Sandra Kurtzious.
Jagdeo’s case is closely watched as it would be one of a first against a former leader of the country.
Ram, in addition to being a lawyer, is an auditor and critic of the previous PPP Government, coming under attacks for his blogs and letters.
On June 22, Jagdeo was a no-show at a Berbice court. His lawyers reported him sick.
Ram is accusing Jagdeo of breaking the laws when he uttered statements on Sunday March 8 at Babu Jaan.
Ram charged that the statements “can result in racial or ethnic violence or hatred among the people”.
At the first hearing, Jagdeo’s lawyers had argued that the charge was frivolous, vexatious and without any basis in law. They requested that it be dismissed.
