Special Prosecutor withdraws request for magistrate’s recusal

Jul 22, 2010 News

Special Prosecutor Sanjeev Datadin, has withdrawn his suggestion that the Sharma witness tampering trial currently being heard before Magistrate Geeta Chandan Edmond, be transferred.
On the last occasion the prosecutor had raised the issue that attorney at law Nigel Hughes who is representing Sharma, is also representing the magistrate in a private civil matter.
By way of a 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.
Attorney at law Nigel Hughes was not present yesterday, however, attorney at law Vic Puran who is also representing Sharma was there. The defence had no objections to Datadin’s submission.
Prosecutor Datadin on the last occasion said that there was the likelihood of the case becoming biased.
In a letter to the magistrate dated July 12, Datadin wrote, “I have considered the law and the position of the State and I now wish to wholly withdraw that submission. Further, I wish to state that I have now had the opportunity to consult with my client and wish to make known that the Prosecution has no objection to you continuing to conduct these proceedings and not to raise this issue at this or a later forum.”
Attorney at law Nigel Hughes had said that it was public knowledge long before the Sharma case started that he was representing the magistrate.
Hughes said at no time did he request for the matter be sent to magistrate Edmond, and that it is the Chief Magistrate Melissa Robertson, who assigns cases to the various courts.
The lawyer said that this same issue arose when he had a matter before Justice William Ramlal.
Hughes is presently representing the judge’s sister Sita Ramlal in a forgery and conspiracy case.
Sharma along with five of his associates, including his son-in-law Ravi Mangar, were all placed on $100,000 bail by Acting Chief Magistrate Melissa Robertson after they were charged with obstruction of justice.
The matter had been delayed for over two months after the prosecution had failed to commence the preliminary inquiry.

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Special Prosecutor withdraws request for magistrate’s recusal

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