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Magistrate’s dismissal seems like a well orchestrated political plot – Source

February 26, 2015 12:41 pm Category: Politics A+ / A-

By Tracey Khan – Drakes

 

Former Magistrate, Geeta Chandan – Edmond.

 

[www.inewsguyana.com] –The Judicial Service Commission (JSC) continues to be heavily criticized for its decision to fire Magistrate Geeta Chandan – Edmond.

Chandan – Edmond received a dismissal letter from the JSC on February 20 – the same day she was scheduled to sentence Sam Hinds Jr, the son of Prime Minister Samuel Hinds.

As a result of this, sources close to the former Magistrate believe that the JSC’s decision seems like a well “orchestrated political plot.” Hinds Jr. was found guilty by Chandan – Edmond for the offence of unlawful wounding on February 06.

On February 13, the former Magistrate received a letter to appear before the JSC on February 18; following which she was dismissed.

According to the source, the reasons stated on paper for the dismissal appears to be a “cover up” of the JSC’s true motive. The source noted it appears as if the JSC executed directives from “higher up” in order to avoid any sentencing of the Prime Minister’s son.

The source revealed that the Probation Officer from the Ministry of Human Services & Social Security, who was dealing with Hinds Jr’s matter was under significant pressure also which resulted in her absence on one occasion from the matter.

iNews understands that the Probation Officer recommended a suspended sentence for Hinds Jnr, which was strange, since she always requested serious sentences for male offenders.

The former Magistrate was made to answer several allegations by the JSC, dating back to some six years. The allegations include her absence from a Magistrates’ meeting, medical leave during the period 5 – 7th June, 2013, absence of record due to sick leave, inability to deliver a decision in at least 19 matters, loss of minutes book, failure to respond to queries by immediate functional supervisor, the Chief Magistrate and departure from Guyana on January 20, 2013 without approval and a consequential absence from a magisterial engagement.

According to the source, the matter regarding Chandan – Edmond’s absence from a Magistrates’ meeting is a non issue as it was noted that it is not compulsory for Magistrates to attend this meeting.

The medical leave during the period of June 5 – 7, 2013 was submitted after Chandan – Edmond was refused bereavement leave by the Chancellor during the death of her Brother-in-law.

The source noted that this was given by a medical doctor; however, the Chancellor reportedly stated that the medical leave is given by a Doctor but has to be approved by him.

This has created outrage among many who are now questioning the role of the JSC as a legal or medical commission/board.

Justification was also given for her departure from Guyana on January 20, 2013. During this period iNews understands that Chandan-Edmond was placed on bed rest due to her complicated pregnancy leading up to her delivery by her doctor.

It was during this period that she left the country which ran into her maternity leave. Permission was sought to leave the country, however, it was refused by the Chancellor even though Chandan-Edmond was on bed rest and had to fly overseas to delivery her baby safely.

Upon her return to work, Chandan – Edmond discovered that her minutes book were missing; a report was immediately made by the former Magistrate in this regard.

The source noted that Magistrates are not the custodians of the Court’s minutes book, while iNews was reliably informed that the minutes book was stolen on purpose.

Young persons have taken to social media sites to vent their frustration at the issue and described it as ongoing victimization of young persons who have served and contributed immensely to the growth and development of Guyana.

They attributed this type of behavior to the brain drain situation that continues to grapple Guyana. Chandan – Edmond served ten years as a Magistrate prior to her dismissal.

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Manupulation of the Justice System in Guyana by the Corrupt PPP/C is blantanty manifested in this decision to fire  Magistrate Geeta Chandan – Edmond.

 

Re: Edmond received a dismissal letter from the JSC on February 20 – the same day she was scheduled to sentence Sam Hinds Jr, the son of Prime Minister Samuel Hinds.

 

 

FM

Former Magistrate speaks out on dismissal

February 27, 2015 7:21 pm Category: latest news A+ / A-

By Tracey Khan – Drakes

 

L – R: Attorney – at- Law, Nigel Hughes; former Magistrate Geeta Chandan – Edmond; Joel Edmond and James Bond.

[www.inewsguyana.com] –Former Magistrate Geeta Chandan-Edmond has made it clear that she was not dismissed by the Judicial Service Commission (JSC) for any illegality or corruption as is being perceived by some sections of society.

This is in response to media reports that Chandan-Edmond was dismissed over allegations that her husband Joel Edmond, who is an Attorney-at-Law, appeared before her on numerous occasions which would be unethical.

At a press conference on Friday, February 27, in the presence of her Lawyer Nigel Hughes, the Former Magistrate and her husband cleared the air and denied the reports.

Chandan – Edmond was dismissed on February 20 – the same day she was scheduled to sentence Sam Hinds Jr. the son of Prime Minister Samuel Hinds.

“That has never been; I have said this before and I am repeating this, I have never appeared before my wife, the then Magistrate in any courts, but that has raised some concerns even in the Berbice area,” Mr Edmond told reporters.

Meanwhile, according to the former Magistrate, the allegations over which she was dismissed are old matters, which she justified to the JSC during her appearance on February 18.

She pointed out that her legal team, headed by Hughes, is not dealing with her matter politically but professionally and legally.

In this regard, Hughes said that the Judiciary is the most fundamental pillar of any society and as such, “the judiciary in Guyana has enjoyed a rather fragile reputation for protecting the rights of a citizens and an even more fragile reputation from being insulated from political influence.”

He believes the constitution of the JSC needs to be reviewed. “The society is going to be moved from crisis to crisis and the institution of the judiciary is the one that we least expect to be subject to allegations of any form of influence. The facts certainly speak for themselves…so I believe it’s a little bit more than passing strange that on the day that the high official’s son was soon to be sentenced, this Magistrate would have her service terminated for allegations that date back to 2009.”

Hughes also expressed concerns regarding the JSC’s highest ranking member who acted as both a complaint and an adjudicator of the allegations against the former Magistrate.

Meanwhile, Attorney-at-Law James Bond who was also present at the press conference believes that the adjudicators of the Former Magistrate’s matters have used it against her, “to make it appear as though Magistrate Chandan was somehow guilty of serious misconduct, this to my mind smacks disrespect to the office Magistrate Chandan holds and members of the judiciary especially Magistrates, who are the most hardest working persons in the fraternity, in the judiciary.”

He does not believe that any of the stated reasons are good enough to warrant a dismissal. Bond has since called on others in the legal fraternity to show solidarity to the dismissed Magistrate and stand against any injustice.

“I wish to remind all that Magistrate Chandan is not the only person who was dealt with a high and capricious hand by the powers that be in the judiciary…they have all suffered dismissals for reasons that did not warrant there dismissal and in a legal system in which we’re complaining that there is sloth, we’re complaining that there is not enough Magistrates, enough judges and yet we treat our own in this manner.”

FM

Sacked Magistrate to challenge JSC’s decision

March 1, 2015 | By | Filed Under News 
 

Days after being issued marching orders by the Judicial Service Commission (JSC), Attorney-at-Law Geeta Chandan-Edmond, has said that she plans to fight back against the decision. She views the decision as an act of injustice.
Chandan-Edmond, who had been dispensing matters at the busy Georgetown Magistrates’ Court, received a dismissal letter from the relatively new Commission on February 20, last. Through her lawyer, Nigel Hughes, at a press conference on Friday, she told reporters that she will be filing a High Court action seeking prerogative relief next week.
Breaking the silence on the allegations she faced, Chandan-Edmond said that she was made to answer several allegations by the JSC, dating back to some six years. She said on February 13, last, she received a package from the JSC inviting her for a hearing on February 18. Two days later she was dismissed.

 Attorneys-at-Law Nigel Hughes, Geeta Chandan-Edmond, Joel Edmond and James Bond at the Press Conference

Attorneys-at-Law Nigel Hughes, Geeta Chandan-Edmond, Joel Edmond and James Bond at the Press Conference

She explained that allegations include her absence from an optional Magistrates’ meeting, medical leave during the period June 5-7, 2013, absence of record due to sick leave, inability to deliver a decision in at least 19 matters, loss of minutes book, failure to respond to queries by immediate functional supervisor, Chief Magistrate Sewnarine-Beharry and departure from Guyana on January 20, 2013 without approval and consequential absence from a Magisterial engagement.
Chandan-Edmond discussed each of the allegations with the media, reasoning that there was no solid basis for her dismissal. “These are the only allegations that I had to answer…There were no allegations of corruption or illegality leveled against me. I gave the nation ten years of service with dedication.”
The former Magistrate told members of the media that she finds the JSC decision highly unusual and unfair.
Her lawyer said that the Judiciary, a fundamental pillar of society, has a rather fragile reputation for protecting the rights of the citizens and even more fragile reputation of being insulated from political influence.
“I believe the time has come where we perhaps need to look at the constitution of the Judicial Service Commission,” he said. According to Hughes, the society continues to move from crisis to crisis and the institution of the Judiciary is the one least expected to face allegations in the form of influence.
“The facts will speak for themselves but I certainly think that it is a little more than passing strange that the day that the high official’s son was due to be sentenced, the Magistrate had her services terminated for allegations dating back to 2009,” Hughes said.
He noted that of concern was the JSC which comprises two of the highest ranking members of the judiciary acted both as the complainant and adjudicator of the allegations against Chandan-Edmond.
He likened that to asking the police to investigate, prosecute and judge in a matter.
“The time has come where the termination of services of Magistrates or Judicial officers ought to be conducted by a body other than the JSC or by a differently constituted JSC.” Hughes lamented that the fears of protection of the rights of persons accused of infractions have clearly been challenged.
Hughes told members of the media that they will be filing court action next week. “We intend to pursue that action all the way to the Caribbean Court of Justice because we believe that’s where it will be properly determined.”
He lamented that the fact that two members of the JSC determine the promotion of Judges, they suspect that the CCJ will be their best shot at a fair ruling.
Asked about the action they intend to file, Hughes said they are seeking after the prerogative relief. He explained to members of the media that the application is basically one to review the decision of the JSC on various grounds, one of which was that she did not have a fair hearing.
“There was only one person who was leveling the allegations against Chandan-Edmond and that person was part of the body that ultimately sat and was going to determine her fate,” he said.
Hughes went on to say that there were several other fundamental and procedural difficulties that were breached in the proceedings against the former Magistrate. He explained that the only body the JSC does not influence is the CCJ and they, in that light, expect a result that would be fair.
Also present at the press conference was Attorney-at-Law, James Bond, who said that the allegations outlined by Chandan-Edmond and the way she addressed them showed that the adjudicators in the matter have used those allegations to make it appear that she is guilty of serious misconduct.
Bond said that that smacks disrespect to the office Chandan-Edmond held. “Magistrates, are the most hardworking people in the judiciary,” he said.
The lawyer added that there is no reason given that he or any member of the legal fraternity would say that warrants her immediate dismissal.
He emphasised that some of the matters are there since 2009 and questioned how she could be dismissed at this point on those allegations. “We think this smacks of disrespect to our Magistrates,” he said.
Citing the fate of Attorneys-at-Law Omeyana Hamilton, Leslie Sobers, Octave Hamilton and Chandra Sohan who all sat on the bench but were removed, Bond told members of the Media that Chandan-Edmond is not the only Magistrate who had been dealt with a “high and capricious hand” by the judicial powers.
Bond opined that the listed Magistrates were all fired for reasons that did not warrant dismissal.
Bond called on the members of the legal fraternity, the Bar Association, Women Lawyers’ Association, the Magistrates’ Association, and Judges’ Association to stand up and support the members of the legal fraternity: the Magistrates.
Also responding to reports that he had appeared before his wife, the former Magistrate’s husband Attorney-at-Law Joel Edmond said that at no point had he ever done so. “I have never appeared before my wife, the then Magistrate, in any court,” he emphasised.
He said there are persons asking whether that is the reason his wife was dismissed, though his name was ever mentioned in the allegations leveled against her.
Chandan-Edmond served ten years as a Magistrate prior to her dismissal.

FM

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