Lack of Magistrate stalls PI, lawyers to seek High Court intervention

Mar 30, 2014 News

Meten-Meer-Zorg grocer murder …

Six months after being accused of murdering a Meten-meer-Zorg grocer, the eight persons charged are still to hear the State’s case against them. The absence of a permanent Magistrate at the Leonora Court has for months stalled the commencement of the Preliminary Inquiry (PI).

DEAD: Zulficar Namdar

Last year, eight persons, including a woman who is the mother of one, were indicted before Chief Magistrate Priya Sewnarine-Beharry for the murder of the grocer, Zulficar Namdar.
The 25-year-old entrepreneur was reportedly shot and killed after heavily-armed, masked gunmen invaded the family’s Lot 76 Third Street Meten-Meer-Zorg home on September 10, last. Namdar was subsequently shot and killed whilst his mother was robbed of $1.3M in jewellery and $320,000.
Ten days after the crime, Jermaine “Yankee” Williams, 36; Esan Lawrence, 33; Delwyn Croft,32; Khyran “50 cents” Khan, 26; Samuel Bacchus, 38; Andrew “Sonic” Chandler, 34; Alan Dorsett, 38; and his 31-year-old wife Cassindra Singh were charged with murder.
Since their first court appearance on September 20, last year they have been remanded to prison and have made about nine fruitless court appearances.
To date, the accused have been given no fixed date for the commencement of the Preliminary Inquiry (PI) and every court appearance thus far has ended the same – remanded and a further court date.
It is behind that backdrop that Defence Attorneys Melvin Duke, George Thomas and James Bond will be seeking High Court intervention for what on their last court appearance they described as a clear breach of their clients’ constitutional rights.
On Tuesday, last they made their last appearance before the Magistrate Faith McGusty who set their next court date for June 2.
Duke indicated that a lack of a permanent Magistrate is no reason to delay a PI and made clear their intention to seek High Court intervention.
The lawyer said that the constitution specifies that a fair trial must be conducted within a reasonable amount of time but his clients have been languishing for months as remanded prisoners.
The Defence Attorneys indicated that they will be submitting a request to the High Court for their clients to either be allowed bail or for the PI to commence immediately.

Meten-Meer- Zorg Murder Accused

Last December, it was the said set of prisoners who erupted in the courtroom of the Chief Magistrate over the continuous stalling of their case. They complained that the system was being unfair in the way it has been handling their case.
The resignation of Magistrate Adele Nagamootoo a few months ago has left the Leonora Magistrate’s Court without a permanent Magistrate. Since then, Magistrate Clive Nurse and McGusty have been acting as temporary Magistrates at the court.