Magistrates told not to act in haste

MAGISTRATES have been advised to not be too hasty when dismissing magisterial cases for want of prosecution.

The advice was given by Justices of Appeal Alice Yorke-Soo Hon and Judith Jones during the hearing of an appeal by the State against the decision of a Chaguanas magistrate who dismissed a drunk driving case because the policeman who charged the accused failed to show up in court on the date the trial was set to start.

In allowing the appeal, the two judges said the interest of justice was not served when a case is dismissed without there being a trial.

They found that the magistrate was “too hasty,” when she dismissed the charge against Avinash Khanhai on May 25, 2016, because PC Anslem Martin failed to show up in court when the case was set for trial.

Yorke-Soo Hon said although they did not view lightly the non-appearance of police in cases, when weighed against the interest of justice to prosecute the matter, one non-appearance did not merit a dismissal.

Martin had attended court on the three previous occasions the case was called in the Chaguanas Magistrates Court.

A retrial was ordered for Khanhai, who was placed on $15,000 own bail.