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Bharrat Jagdeo criminal charge fixed for High Court ruling on November 6

Oct 27, 2015 News

The high court decision in the criminal charge against former President Bharrat Jagdeo on whether Magistrate Charlene Artiga has the jurisdiction to hear the matter has been fixed for decision on November 6. Justice Navindra Singh is hearing the matter in the Georgetown High Court.
The original matter was set to continue yesterday in the Whim Magistrate’s Court before Magistrate Artiga.  However due to the challenge in the High Court the matter was further put down for report.
When the matter was called, Jagdeo’s lawyers Mursalene Bacchus and Adrian Anamayah had asked for another date for the report since the matter in the High Court has been stalled due to the fact that Justice William Ramlal who was assigned to hear the case is ill. The matter was subsequently assigned to Justice Singh.
Magistrate Artiga had put the matter down for report on Monday. However when the matter was called, the court heard that no decision was made since the Judge was still ill and that the matter was reassigned to Justice Singh.
Magistrate Artiga has since set November 30, for report at the Whim Magistrate’s Court.
The Magistrate had already started hearing the private criminal charge against former President Bharrat Jagdeo when the High Court order came down from Justice William Ramlal. The case had been called three times before it was stopped.
Legal minds are now saying that the precedent set by this case is likely to spark other High Court actions that can see cases before Magistrates being halted.
The Order/Rule Nisi of Certiorari is directing Magistrate Artiga to show cause why a Writ/Order of Certiorari should not be issued against her, and to quash her decision or ruling in the private criminal proceedings.
Attorney-at-Law Christopher Ram had filed the charge against Jagdeo at the Whim Magistrate’s Court, Corentyne, Berbice. The charge is that Jagdeo uttered words causing racial or ethnic hatred, contrary to Section 139 D (1) (a) of the Representation of the People’s Act, Chapter 1:03.
Jagdeo’s lawyers applied to the Berbice High Court for the writs and order, contending that the Magistrate’s orders in the case are “irrational, unreasonable, erroneous, in law and is null, void and of no legal effect”.
Magistrate Artiga, on May 25, had already started the case, warning that if Jagdeo did not turn up, she would be issuing an arrest warrant. He later showed up at that Berbice court, rushing from his Pradoville Two home, East Coast Demerara. Standing in the dock, he was placed on self-bail after the charge was read to him. He was also restricted from travelling unless he sought the court’s permission.
Jagdeo’s lawyers in late May successfully approached the High Court asking that the travel restriction be overturned.
On Monday, it was announced by Magistrate Artiga that she could not proceed because of the High Court order. She set the matter down for a report yesterday.
The lawyers are arguing also that the charge is fundamentally defective and legally invalid and that the continuation of the criminal proceedings is an abuse of the processes of the court.
The Magistrate now has to show good and sufficient cause why the order of prohibition should not be made absolute.
Jagdeo’s case is closely watched as it would be one of a first against a former leader of the country.
Ram, in addition to being a lawyer, is an auditor and critic of the previous PPP Government. He is accusing Jagdeo of breaking the laws when he uttered statements on Sunday March 8, at Babu Jaan.
Ram charged that the statements “can result in racial or ethnic violence or hatred among the people”.
At the first hearing, Jagdeo’s lawyers had argued that the charge was frivolous, vexatious and without any basis in law. They requested that it be dismissed.

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