Lawyers in a bind

It has been left up to attorneys representing the accused men, who rioted at the magistrates court after their cases were left unfinished by former chief magistrate Marcia Ayers-Caesar, to seek an adjournment preventing the restarting of their preliminary inquiries.

This was the only outcome after yesterday’s emergency application for a stay to put a hold on the magisterial proceedings before acting Chief Magistrate Maria Busby Earle-Caddle.

Presiding over the application of murder accused Akili Charles, one of six men who are before Earle-Caddle for murder, is Justice Devindra Rampersad.

At yesterday’s hearing, attorneys for the acting Chief Magistrate said they could not give an undertaking to voluntarily stay the preliminary inquiry since there were other accused people who may be affected.

Although being told that four of the other five were adamant that they did not wish to have the preliminary inquiry started afresh as had been ordered by Earle-Caddle on June 1, there was still no budging on the part of the acting Chief Magistrate.

Instead, State Counsel Josephina Baptiste-Mohammed, who appeared for the acting chief magistrate, suggested instead that attorneys for the accused seek an adjournment when their hearing comes up today in the Port of Spain Magistrates Court.

Director of Public Prosecutions Roger Gaspard, SC, has also indicated that he will instruct his prosecutors to ask that the preliminary inquiry is adjourned until November 7, when the hearing of the High Court action resumes.