Berbice businessman murder PI…Magistrate adjourns matter without allowing witness to sign deposition

Aug 20, 2016 Court Stories, Features / Columnists, News

Relatives of murdered businessman, Shameer Ali Mursalin are raising concerns about the conduct of a Magistrate presiding over a matter, for which three men are charged for his murder.

Murdered Berbice Businessman Shameer Ali Mursalin.

Mursalin, called ‘Kazac,’ a trader, of Grant 1805 Weld Tank Dam, Crabwood Creek, Berbice Corentyne, in Region Six (East Berbice-Corentyne), was fatally shot to the head following a longstanding dispute with a fellow businessman, on October 24, 2015.
According to reports, police were investigating a report of threatening language and damage to property at Mursalin’s house. After calling out for him for some time without any response, the police officers ventured into the yard and found the victim’s body lying in a pool of blood at the residence.
Berbice businessman Dennis Veerasammy and two of his employees, Basheer Harrinauth and Delroy Fraser, were later arrested and charged with the murder.
The three men are facing a Preliminary trial before Magistrate Rabindranauth Singh at the Springlands Magistrates’ Court in Berbice.
However, relatives of the dead businessman believe that there is a deliberate ploy, by parties involved, to sabotage the case.
According to the relatives, the Preliminary Inquiry (PI) into the matter had been postponed on several occasions, despite the availability of several witnesses.
In addition to questionable adjournments, the Mursalin family said that at the last hearing, the Magistrate did something that is even more baffling; he adjourned the matter without re-reading the evidence and allowing the main witness of the trial to review and sign his deposition.
“I am really concerned. First, he write down the evidence on four pieces of paper that look like scrap and then he ain’t give the man it to sign. All he (the magistrate) said is that he adjourn the matter because he hungry,” a female relative explained.
“He ain’t care. He just come off the chair just so in front the police and the other court staff. I ain’t really know that that could happen. I never see any Magistrate adjourn a case without allowing the witness to see or sign what dem said (the deposition)…And this is the man that actually witnessed the shooting,” she added.
She stressed that the matter has suffered the several postponements without any proper explanation. “The prosecutor would come to court and call the witnesses but the matter would get put down just so, “the woman claimed.
All we need is justice for our family. The family is hoping the relevant authorities will take notice and intervene on their behalf.
Kaieteur News has since obtained information to verify the claims of the dead man’s relatives.
A senior court official told Kaieteur News this is not the first time that the Magistrate has not allowed witnesses to sign their depositions.
“He (Magistrate) gone again wid this thing. If the witness doesn’t sign and something happens to him/her; the deposition has no value.”
“It is the proper legal procedure for witnesses to certify their testimonies. A breach of this procedure can definitely have a negative impact on the case.”
In addition, a number of legal practitioners and retired judicial officers said that the Magistrate’s actions are indeed questionable and should be brought to the attention of the Judicial Service Commission (JSC).
The JSC, headed by Chancellor of the Judiciary, Justice Carl Singh, is responsible for appointment of Judges and Magistrates. The Chancellor could not be reached for a comment on this matter.
In his most recent comment on the conduct of judicial officers, Justice Singh noted that allowing Magistrates who conduct themselves inappropriately to remain on the bench will be a serious indictment on the part of the judicial administration. He added that this act would mean that the judiciary has abandoned the people and public’s interest.
“We have a responsibility to produce an environment which is conducive for hard work. Magistrates in Guyana are servants of the people. It is important that Magistrates and Judges give of their best, so when we find that Magistrates are involved in grave wrongdoing, then we will have to protect the public’s interest,” the Chancellor said.

1 thoughts on “Berbice businessman murder PI…Magistrate adjourns matter without allowing witness to sign deposition”

bl_666 August 20, 2016 at 3:46 pm

” … when we find that Magistrates are involved in grave wrongdoing, then we will have to protect the public’s interest,” the Chancellor said.
These jokes just keep writing themselves!

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