Latest update December 24th, 2024 4:10 AM

Guyana's largest selling daily and New York's most popular weekly

Latest News

Lawyer files notices to compel Magistrate to refer case to High Court

Jun 28, 2010 News

Attorney at law Mursaline Bacchus has served a notice on Magistrate Adela Nagamootoo requesting that she should refer a matter to the High Court to determine its constitutionality.
The matter in contention is the Police vs James Ramlochan called ‘Ribs’ a butcher of Station Street, Reliance, who is charged with Unlawful Possession of Carcass, which is being tried before Magistrate Nagamootoo at the Reliance Magistrate Court.
Bacchus is contending that the section under which his client is charged, is unconstitutional as it contravenes his constitutional rights, under article 144(2) (a) of the Constitution.
The Attorney also in his notice to the Magistrate paid attention to Section 94(1) of chapter 8:02 which in part reads “everyone charged before the court with having in his possession, or under his control, in any manner or in any place, anything which is reasonably suspected to be stolen or unlawfully obtained, which does not give an account, to the satisfaction of the court, as to how he came thereby, shall be liable to a fine of five hundred dollars or to imprisonment of six months.
The Senior Counsel is submitting that the unconstitutionality is obvious in that the burden of proof that is cast on his client under Section 94(1) is directly in contravention of the presumption of innocence enshrined in Article 144(2) of the constitution.
In continuing his arguments the Attorney submits that the constitution is the Supreme law of the land and any other law which is inconsistent with it is deemed, as far as such inconsistency is concern, to be void, Article 8.
Bacchus is thus requesting that the Magistrate, before proceeding any further with the trial, refer the question of unconstitutionality or otherwise of Section 94 to the High Court as is provided for under Article 153(3) of the Constitution which reads – “If in any proceedings of any court subordinate to the High Court, any question arises as to the contravention of any of the provision of Articles 138 to 151 (inclusive), the person presiding in that court shall refer the question to the High Court unless, in his opinion, the rising of the question is merely frivolous or vexatious”.
The attorney is further submitting that the question raised is not frivolous or vexatious.

Similar Articles

The Glenn Lall Show | December, 2nd, 2024

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Semi-Finals line up set for Maid Marian Wheat Up Women’s Cup 2024

Semi-Finals line up set for Maid Marian Wheat Up Women’s Cup 2024

Dec 24, 2024

Kaieteur Sports – The Maid Marian Wheat Up Women’s Cup 2024 has reached a pivotal stage as four teams have officially advanced to the semi-finals, continuing their quest for championship...
Read More
Young Warriors Cricket Club fulfills its annual hamper project, compliments of Ishwar Singh

Young Warriors Cricket Club fulfills its annual...

Dec 24, 2024

Chase’s Academic lift 2024 KFC Goodwill Int’l Title

Chase’s Academic lift 2024 KFC Goodwill Int’l...

Dec 24, 2024

Remaining teams in the inaugural K&S/One Guyana National Futsal Championship receive new kits

Remaining teams in the inaugural K&S/One...

Dec 24, 2024

Capital FC, Hi Stars, Silver Shattas win as Rockstone draw to reach quarterfinals

Capital FC, Hi Stars, Silver Shattas win as...

Dec 24, 2024

Renuka, Mandhana consign West Indies to record loss

Renuka, Mandhana consign West Indies to record...

Dec 23, 2024

Features/Columnists

  • This is our city

    Peeping Tom… Kaieteur News- The City of Georgetown is stink, dirty and disordered. It is littered with garbage, overwhelmed... more

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]