Magistrate Alex Moore to know fate next week

Mar 06, 2015 News

---

Embattled Magistrate Alex Moore, who was last year suspended from the Judiciary, will know his fate next week after he presents himself for the second time in the closely watched case before the Judicial Service Commission (JSC).

Moore was summoned to appear before the five members of the body yesterday in the Conference Room of the Court of Appeal, High Street, Kingston, for an official inquiry into eight allegations that were leveled against him.
The hearing began at 15:00 hours, and it was after spending two hours in the private hearing that Magistrate Moore emerged in the presence of his attorney, Senior Counsel Rex McKay.
Moore’s inquiry was not completed and Kaieteur News was reliably informed that he is to appear before the body again in the latter part of next week for its continuation. Though most of the allegations were addressed yesterday, the second hearing, this newspaper understands, is to “thrash out” some issues.
It was explained that the Commission has not yet reached a decision and from all indications, Moore has thus far justified most of his actions.
Kaieteur News understands that Moore was summoned before the Commission to answer allegations of inappropriate behaviour made against the Magistrate by East Coast Demerara businesswoman, Seerojanie Singh, as well as absence from duties and failure to inform the Chancellor of the Judiciary of his absence, among other things.
This newspaper has been informed, however, that part of Moore’s defence is that he was at the time on medical leave since he had fractured his right hand. His immediate supervisor, Chief Magistrate Priya Sewnarine-Beharry, was reportedly informed of this.
The Magistrate was reportedly made to face the body, too, because of cases he had dismissed while dispensing matters at the busy Sparendaam Magistrate’s Court.
This newspaper was told that the Magistrate, in an act of fairness, had moved to dismiss those matters after the Prosecution failed to present its witnesses, despite being granted several adjournments.
Most of the allegations Moore faced were reportedly of a minor nature and Kaieteur News understands that justifications have so far been provided by Magistrate and his attorney on each count.
Meanwhile, after the hearing the Senior Counsel told this publication that the ball is now the JSC’s court and he is waiting on their decision and the inquiry has not yet been completed. The Magistrate, McKay confirmed, remains suspended at this time.
Kaieteur News was informed that during the hearing, most of the allegations were addressed and “certain things required more information” so the hearing was adjourned for further information to be submitted to the Commission.
The Magistrate will be summoned again and a decision is expected to be reached next week.
It has been 98 days since Moore was served a suspension letter by the JSC, following allegations made by the aforementioned businesswoman.
Though there had been speculation circulating in the media that Moore’s suspension was a spin-off of him being heavily criticised for handing down a five-year suspended sentence to confessed drug dealer, Leonard Bacchus, Kaieteur News was told that matter would not be dealt with by the JSC as they convened yesterday.
In fact, the body has reportedly noted that the case is subject to appeal, as filed by the Director of Public Prosecutions (DPP), and the body is refraining from dealing with matters that are engaging the courts.
Moore, unlike other Magistrates sanctioned by the JSC, has not taken any action against the Commission and was waiting for his hearing, his lawyer previously revealed to this publication.
City Magistrate Chandra Sohan, who recently received marching orders from the Commission, had weighed heavily on Rule 80 of the Commission’s rules, which specifies that if no such inquiry is held within 60 days, 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. In fact, when questioned about his client’s stance on this rule, McKay acknowledged that the rule had indeed been violated in Moore’s case, but his client was waiting for his day before the Commission.
It was shortly after news of the businesswoman’s encounter with Moore surfaced that the Magistrate was suspended.
Singh, who resides and operates her business at Le Ressouvenir, East Coast Demerara, alleged that the Magistrate behaved inappropriately and by way of complaint, she approached the Minister of Legal Affairs and Attorney General, Anil Nandlall, and wrote to the Chancellor of the Judiciary as well as to Ombudsman, Justice Winston Moore.
Within days, Moore was suspended.
Recently, the JSC dismissed Magistrates Sohan and Geeta Chandan-Edmond, who both presided in the Georgetown Magistrates’ Courts, on a number of infractions. Both Attorneys-at-Law have since stated publicly that the JSC’s decisions were unjust and they intend to seek all legal remedies available to them.
Both lawyers complained too that the complainant and the adjudicator in their proceedings were the JSC.
Moore is off on full pay.
(Sunita Samaroo)

---

---