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DPP seeks to have Judge recuse self

May 04, 2010 News

… Pink suitcase High court trial

The ‘cocaine in pink suitcase’ hearing in the High Court took a surprising twist yesterday.
When the matter was called before Justice William Ramlal and Justice Roxanne George-Wiltshire, the court was informed that the Director of Public Prosecutions had written a letter to the Chief Justice asking that Justice Ramlal recuse himself from the matter.
Also, the DPP failed to make an appearance but Senior Counsel Doodnauth Singh, who was present, informed the court that he was representing her.
The Senior Counsel further apologised for her absence while informing the court that she was ill and had to visit the hospital.
During the hearing, when the court was informed of the DPP’s letter to the Chief Justice, Senior Counsel Singh told the court that although he was briefed by the DPP before his appearance he was not aware of the letter.
The court was convened to hear a reply by the DPP for her involvement in the proceedings.
However, Justice Ramlal, responding to the DPP’s request, said that he had nothing to do with his sister, Sita Ramal, decision to retain Nigel Hughes. He further stated that he has no interest in his sister’s matter and that the litigants in the cocaine in pink suitcase matter are not related in any way to him or to his sister.
“If that was the case then none of the 15 lawyers in the firm (Hughes, Fields and Stoby) would be able to represent clients that go before me.”
Justice George-Wiltshire supported him. She stated that in the DPP’s letter no case of bias was established.
Senior Counsel Doodnauth Singh then raised several points. He contended, for example, that the decision in the Barry Dataram case was wrong. He was then advised to make written submissions.
He sought an additional seven days to make his submission and this was granted. The matter will be called again on May 9.
In an invited comment, Nigel Hughes describe the DPP’s letter as unfortunate.
“Here you have the DPP who is the head of the Government prosecution saying that the Judge is biased. That is a serious allegation.”
On the issue of filing a similar motion for his other client, Shemeika Tennat, Hughes said he will give the DPP the benefit of mature thoughts.
He explained that if the charges against Tennat are not withdrawn based on this current court proceedings then he will have no other choice but to file that case.
Morris Smith, Rodrick Peterkin, Shemika Tennant and Manniran Prashad have all been charged for conspiracy to ship cocaine to the US.

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