A&V's Nazim Baksh back in court

SUBMISSIONS that the Director of Public Prosecutions (DPP) is abusing the court process by ordering the re-laying of charges against A&V Drilling's Nazim Baksh and his son-in-law Billy Ramsundar were made by Ramesh Lawrence Maharaj, SC, this morning.

Baksh and Ramsundar reappeared in the Siparia magistrates'court before senior magistrate Wendy Dougdeen-Bally. They are charged with assaulting Guardian Media photographer Kristian De Silva, and malicious damage to a camera.

The charges stemmed from the photographer taking photos of A&V's work site at Nazim Avenue, Penal, in September 2017. There was a confrontation and De Silva reported to police that he was slapped and his camera and spectacles damaged.

Baksh is the owner of A&V Drilling and a personal friend of the Prime Minister.

In early July, senior magistrate Margaret Alert dismissed the charges on the ground that since 2017, the police had sought several postponements and despite a six-month fixture to prepare the case for prosecution, they failed to do so. She refused a further adjournment and freed Baksh and Ramsundar.

On July 30, the office of the DPP ordered the charges re-laid.

Baksh and Ramsundar are jointly charged with assault occasioning actual bodily harm to De Silva.

Ramsundar is charged with malicious damage to a camera.

It was the first case Dougdeen-Bally called this morning. She did not read the charges to the accused, despite their having been re-laid.

Maharaj, Prakash Ramadhar and Michael Rooplal represented Baksh and Jagdeo Singh appeared for Ramsundar.

State attorney Sabrina Dougdeen-Jaglal announced that the virtual complainant ,De Silva, was in court, as well as the police complainant, acting Supt Hunte, and Supt Chandalal.

Baksh and Ramsundar sat before Dougdeen-Bally and Maharaj said he was ready to submit that the re-laying of the charges was vexatious and an abuse of process.

Dougdeen-Jaglal said she would need time to respond.

Dougdeen-Bally told the attorneys she was not the resident magistrate, but could direct Maharaj to file submissions within the next seven days.

Dougdeen-Jaglal is to reply by September 18. Maharaj, if need be, will respond within seven days thereafter.

The case was postponed to October 3.

Outside the court, Maharaj told the media he held strong views about the court being abused, saying he would seek judicial review, even up to the Privy Council, if his submissions are overruled.

Media Association president Dr Sheila Rampersad attended the hearing.