Case dockets disappearing too often — lawyer

Sep 30, 2008 News

So often at the Georgetown Magistrates’ Court, one would hear the prosecutors or court clerks saying that, “Madam, we can’t find the case jacket” for the presiding matter. Then the case would, in most instances, be delayed; or, in some, dismissed.

Both lawyers and clients have described the discomfort that this situation causes. It is the belief of a prominent lawyer that there is at the Georgetown Magistrates’ Court a ring of persons who would discard certain case dockets once there are good “incentives” being offered.

Recently, a clerk at the Georgetown Magistrates’ Court was placed under close arrest after a case docket containing information about the preliminary inquiry of an alleged rape and murder case disappeared.

The case docket which vanished had contained information concerning the result of a preliminary inquiry into the rape of a young woman. The accused have since been committed to stand trial in the High Court.

The case, which had initially been heard at the Wales Magistrate’s Court, was sent to the Georgetown Magistrates’ Court for the committal order to be signed, because the presiding magistrate at Wales was on leave.

It is alleged that the clerk gave an unauthorised person the docket to pay the committal fee, but the person did not return the file.

The magistrate’s head clerk has since launched an investigation into the disappearance of the docket. This is not the first time case dockets have disappeared from the court.

The lawyer said that one magistrate had questioned why it is that certain “case jackets” have gone missing after a few appearances.

In the recent development — with the case docket disappearing last Friday — a massive investigation has being launched.