Maharaj: DPP abusing court process

RAMESH Lawrence Maharaj, SC, on Tuesday accused the Director of Public Prosecutions (DPP) of 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.

This, as Baksh and Ramsundar re-appeared in Siparia magistrate's court before senior magistrate Wendy Dougdeen-Bally, charged with assaulting Guardian Media photographer Christian 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 eye glasses damaged.

Baksh is the owner of A&V Drilling and the personal friend of Prime Minister Dr Keith Rowley.

In early July, senior magistrate Margaret Alert, dismissed the charges on the grounds 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 called on Tuesday morning by senior magistrate Dougdeen-Bally.

Ramesh Lawerence Maharaj SC, Prakash Ramadhar and Michael Rooplal represented Baksh while Jagdeo Singh appeared for Ramsundar. State Attorney Sabrina Dougdeen-Jaglal represented the State and announced that the virtual complainant De Silva, was present in court as well as the police complainant Acting Supt Hunte and Supt Chandalal.

Baksh and Ramsundar sat before Dougdeen-Bally, then Maharaj said that he was ready to submit that re-laying the charges was an abuse of process, vexatious and an abuse of the court. Dougdeen-Jaglal said that she would need time to respond.

Dougdeen-Bally told the attorneys that she was not the resident magistrate, but could give directions for 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 that he held strong views about the court being abused, saying that he would seek judicial review even up to the judicial committee of the Privy Council, if his submissions were overruled.

Media Association of TT (MATT) president Dr Sheila Rampersad attended the hearing.