Woman seeks to block Magistrate from hearing her matters

Dec 10, 2011 News

Fraud accused Simone King also known as Dianne De Nobrega, through her attorney Paul Fung-A-Fat, has filed a Writ of Prohibition in the High Court intended to have Magistrate Fazil Azeez recuse himself from presiding over matters for which she (King) currently faces in the Magistrate Court.
Citing bias treatment on the part of the Magistrate, the motion states that the “Learned Magistrate is biased, is likely to be biased or appears to be biased” and therefore speaks to having him be restrained from presiding over criminal charges on all case docket numbers pertaining to her.
King, who has served 14 months in prison, is before the court to answer four charges of obtaining money by false pretense and 10 charges for fraudulent conversion. She has since been released after posting $2.9M bail.
King, of Lot 101 Phase 2, Good Hope, East Coast Demerara, Guyana, has outlined in an affidavit that during the hearing of the matters concerning her Magistrate Azeez has made statements in open court which she considers very prejudicial.
She offers, too, that the comments extended by the Magistrate have included “that at the end of the trial he will personally invite the media to say how, when and why the Prosecutor failed to do his job; that my lawyer and the Director of Public Prosecution (DPP) have an arrangement designed to frustrate the work of the court; that I am aware of the whereabouts of witnesses and inferred that I may be responsible for their continuous absence; that I use the name which I think is most suitable for crime that I intend to commit.”
Additionally, King in her affidavit states that the Magistrate has consistently refused to accede to a request from the bailor for a refund of Bail money although she (King) was incarcerated.
Furthermore, she revealed that on one occasion during the period of her incarceration the prison authorities failed to take her to court and three witnesses were allowed to testify in her absence.
Citing another occasion, King said that “when I was taken to court I was asked to cross-examine those said witnesses even though I did not hear a word of their testimony.”
This state of affairs, she said, was compounded by the fact that at the end of the Prosecution’s case she made an unsworn statement after which she was cross-examined by the Magistrate. “…the Learned Magistrate asked me to tell the court what I did with the people’s money and enquired why after 14 months I did not pay back anyone…During the month of June 2011, I was remanded to prison for an offence for which I was already placed on bail.”
King said, too, that both a Virtual Complainant, Angelina Chung, and the co-defendant in the matter, Tulsi Persaud, revealed that she would be sentenced to six years’ imprisonment based on information they received from the Magistrate.
The matter is expected to be called again on Monday when Magistrate Azeez will be required to show cause why an Order or Rule Nisi of Prohibition should not be made absolute.

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Woman seeks to block Magistrate from hearing her matters

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