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Female fraud accused attempts to avoid Magistrate nixed

Dec 13, 2011 News

 

A female fraudster’s bid to have a Magistrate recuse himself from adjudicating her matter seems in limbo. Attorney-at-law Paul Fung-a-Fatt prepared the document which is really an application to the High Court. However whether he sought an order is not clear.
Yesterday, Magistrate Fazil Azeez, the person named in the application, said that there was nothing for him to answer. The court had issued no order.
Simone King also known as Dianne De Nobrega had sought to have a Writ of Prohibition filed 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.
She was alleging that the Magistrate would be biased against her and as such signaled an intention to have the prohibition writ filed.
But Azeez said that just a few weeks ago he dismissed five charges against her for want of prosecution. The prosecution could not find the witnesses. However, there are still seven cases before him. There are matters before other magistrates.
The magistrate said that in some of the other matters Simone King, alias Dianne DeNobrega said that she had witnesses who could testify on her behalf. The court allowed her the opportunity to call these witnesses.
The magistrate said that despite several adjournments, the woman never produced any witness. He said that it is now known that he is leaving the magistracy at the end of the year when his contract comes to an end.
As such it is the opinion that the female fraud accused was merely looking to have the matter drag out so that the present magistrate would be unable to complete these matters. That would mean that the matters would have to be transferred and restarted.
This, should it happen, would have implications for the witnesses involved in the matters given that these charges have already been dragging along for some 17 months.
King was scheduled to appear before the Magistrate on Thursday last but proffered a medical certificate in support of her inability to attend the hearing. She repeated this yesterday when she was again scheduled to appear before Magistrate Azeez.
The magistrate is however prepared to serve a notice on her for a continuation on Friday. He is expected to proceed with the matter in her absentia if she fails to honour the continuation order.
King, who has already 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, had outlined in an affidavit which was never filed, that during the hearing of the matters concerning her, Magistrate Azeez has made statements in open court which she considers very prejudicial.

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