JSC sets inquiry for suspended Magistrate for next week

Feb 14, 2015 News

After spending nearly 70 days off the bench, embattled senior city Magistrate Chandra Sohan will finally be afforded a hearing before the Judicial Service Commission (JSC) next Wednesday.
The five members of the JSC are slated to convene an official inquiry into allegations against the senior Magistrate on a number of infractions.
Kaieteur News has been reliably informed that, as a standard requirement, statements of complainants will be dispatched to Sohan and on February 18, he will be afforded a chance to defend himself.
This newspaper has confirmed that the Magistrate’s lawyer, Sanjeev Datadin received a letter from the Commission to this effect.
The move by the JSC follows Magistrate Sohan’s threats of legal action against the Commission if he is not reinstated. This is after the body failed to establish an inquiry into his suspension within the lawful timeframe, (60 days), which he described as a breach of his constitutional right to defend himself.
Datadin had penned a letter to the JSC on Friday, February 6 concerning the matter. The attorney complained that while his client was suspended on December 3, last, there had been no disciplinary proceedings held in relation to his suspension.
The source of conflict is that according to the rules set out by the JSC, if no enquiry is held within the stipulated timeframe, then the Magistrate can return to work. The JSC’s Rule 80, sub rule six, specifies that in such an event the suspension is deemed to have been set aside; the effect being as if the suspension had never taken place.
Some legal minds familiar with the case have opined that the rule is being disregarded in Sohan’s case and stated that the JSC can be subjected to a writ of mandamus, compelling it to reinstate the Magistrate.
When questioned, Datadin had said that those steps were being considered by him.
Kaieteur News was informed that Sohan had initially moved to the High Court to have the decision to suspend him quashed but Justice Naresh Harnanan refused, leaving Sohan to file an appeal and subsequently a motion to have the matter expedited.
That matter, however, has not yet been dealt with by the courts.
The senior Magistrate was suspended following a very brief hearing into complaints brought against him, relating to his work.
It was reported that Sohan, who was presiding in the Georgetown Traffic Court, was suspended for a number of alleged infractions, one of which had to do with conduct that borders on criminality.
The move by the JSC could weigh significantly against Sohan’s upward mobility in the magistracy since he was tipped to replace Chief Magistrate Priya Sewnarine-Beharry who is expected to be elevated to the position of judge soon.
Kaieteur News has been reliably informed that this is not the first time that Sohan, one of the most senior Magistrates, is being treated this way when promotions are in sight.
According to reports, the Commission is looking into a complaint made by a woman, in relation to a court matter involving domestic violence. The matter was heard sometime last year at the Vreed- en- Hoop Magistrate’s Court, when Sohan was presiding there, albeit briefly.
There are allegations that Sohan appeared to be biased towards the woman’s husband during the time he was dealing with the matter. However, according to a source, Sohan is known to the couple and merely gave advice for an amicable settlement of the matter before it was dragged through the court.
In fact, the matter was assigned to another Magistrate and the woman had been insisting on several occasions that she did not wish to pursue the matter in the court. Surprisingly, a report was made to the JSC about the magistrate’s conduct in the matter.
His suspension was grounded on three other incidents including his unauthorized absence from work on December 28, 2013, and leaving the country during the month of December 2013 without permission.
It was also reported that Sohan was being disciplined for discrepancies unearthed relating to fines recorded by him on Court case jackets and those recorded on corresponding police case jackets in Court 7, where he presided.
At present, the traffic court is being manned by recently-sworn in Magistrate Renita Singh, while the suspended Magistrate is off on full pay.

Latest News

JSC sets inquiry for suspended Magistrate for next week

Related

Similar Articles

The Glenn Lall Show | January, 27th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Olympic Kremlin crowned Horse-of-the-Year at One Guyana Thoroughbred...

Guyana Squash Association celebrates historic...

Western Tigers will be 50 this year ‘2025’

UG Honours outstanding athletes at Annual Sports...

East Bank Pool Club set to Cue Off 2025...

Guyana Police Force Senior Officers defeat...

Features/Columnists

The government is in choppy waters

OAS Secretary General Election and renewed OAS Consensus

Half price electricity by half year

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

JSC sets inquiry for suspended Magistrate for next week

Share this:

Related

Similar Articles

The Glenn Lall Show | January, 27th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]