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Magistrate sues Govt.

Oct 21, 2009 News

Magistrate Geeta Chandan-Edmond has filed a constitutional writ against the members of the Judicial Service Commission.
The members are Attorney General Charles Ramson, Acting Chancellor Justice Carl Singh who acts as the Chairman, Acting Chief Justice Ian Chang, Ganga Persaud, Justice Prem Persaud (retired) and Senior Counsel Brynmor Pollard.
By way of the writ, the Magistrate is claiming that her suspension from the period of September 7, 2009 on the basis of her absence from duty without approval was null and void.
In a sworn affidavit, the Magistrate is claiming that on July 2, she was informed of her aunt’s death in Suriname. She claimed that on July 3 she attempted to contact Acting Chancellor Justice Carl Singh, informing him about her relative’s death and also of her intention to leave the jurisdiction.
She said that several attempts to contact the Chancellor were futile. She said that she however left a message with the Chancellor’s secretary about her bereavement and her intention to attend the funeral in Suriname.
The Magistrate said that she conducted her duties up until July 3 and adjourned the court after she finished all the listed cases.
She said that she had seen the Chancellor while she was attempting to leave the jurisdiction, but was however unable to inform him about the death since the circumstances did not facilitate an appropriate opportunity. She returned to Guyana on July 6.
On July 10, she received a letter seeking her explanation for her unauthorized absence from work on July 4, and also for her departure without seeking permission from the Judicial Service Commission.
She complied and wrote a response to the Chancellor, and on July 22 she was invited to attend a meeting at his office.
She attended the meeting and provided responses to the inquiries by the Chancellor.
On July 29, she was invited for a further meeting at the Judicial Service Commission. Present at the meeting was Acting Chief Justice, Ian Chang, Ganga Persaud; Justice Prem Persaud and Senior Counsel Brynmor Pollard.
They all sat and deliberated upon a complaint which was made by the Chancellor.
It was on July 31 that the members informed her that she had been suspended for two weeks and would not be paid for one week.
She is further claiming that she was not given a fair hearing from the Judicial Service Commission when they met to hear about her absence from duty.
The Magistrate said that allegation was put to her, but she was never afforded an opportunity to be heard about why she was absent.
The Magistrate is seeking damages in excess of $50,000 for the breach of article 199 of the Constitution. She is also seeking damages in excess of $50,000 for the breach of her not being under the protection of the Office of the President.
And she is seeking damages in excess of $50,000 for the wrongful suspension from the office of the Magistrate for the period of two weeks. The matter is expected to be called up in Berbice next Friday.

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