Judge concerned about magistrate's comments

A HIGH Court judge has written to the Registrar of the Supreme Court asking that evidence in a recently concluded case before him is sent to the Judicial and Legal Services Commission (JLSC) for its consideration.

Last month, Justice Frank Seepersad dismissed the claim by University of the West Indies’ student Giselle Samaroo, who accused a magistrate of making damning statement in court.

Although Samaroo could not prove her case, the judge expressed concern with the statements the magistrate did make while in court.

In his ruling, Seepersad said the words uttered by the magistrate in open court was alarming.

“This court is concerned that it may be possible that the said words can be interpreted in such a way so as to suggest that the defendant will consider depriving a litigant of bail or would impose a custodial sentence, if he is of the view that the individual’s lawyer deliberately lies to the court. “Such an interpretation will have the effect of eviscerating the presumption of innocence and would violate the apodictic reality that cases can only be determined on the basis of the evidence adduced.

“It is unfathomable that any judicial officer may feel that he/she can arbitrarily jeopardise the rights of citizens, in an attempt to deal with lawyers or put them in their place.”

In his letter to the Registrar, the judge said he was of the view that the magistrate’s comments should be brought to the attention of the JLSC.

Samaroo’s attorneys have also made an official complaint to the JLSC on their client’s behalf.

Samaroo, of Talparo, sought to have the High Court remove the magistrate from hearing her case. She said she feared she will not get a fair trial before the magistrate because of the statements he made in court when she appeared on charges of malicious damage and assault by beating.