Full court throws out application to have magistrate reinstated into Narindatt murder PI

Apr 03, 2018 News

The full court sitting in the Berbice High Court and made up of Justice Jo Ann Barlow and Justice Sandil Kissoon, threw out an application by Attorney-at-law Sanjeev Datadin to have Magistrate Rabindranauth Singh reinstated as the Magistrate to complete the Preliminary Inquiry into the murder of Faiyaz Narinedatt.
On trial for the murder of Narinedatt are Diodath Datt, Radesh Motie, Harripaul Parsram, Niran Yacoob, and Orlando Dickie. Datadin is representing the accused.
Narinedatt’s battered and bloodied body was found lying along the Number 70 Public Road, Corentyne, hours after partying at the home of an overseas-based Guyanese, Marcus Bisram.
He was reportedly beaten and dumped on the public road, after he rejected sexual advances made by Bisram.
Following allegations made about the conduct of the Magistrate, the matter was reported to the Judicial Service Commission, and Magistrate Singh, following an inquiry, decided to recuse himself from hearing the case.
Attorney Dattadin in his arguments submitted that it is the obligation of the magistrate to hear a matter to its conclusion. But because of the intervention and direction of the Judicial Service Commission, the magistrate was unable to do so.
He said that there is a difference with what is the Judicial Service Commission administrative function and is its judicial function.
The lawyer argued that there cannot be two Preliminary Inquiries and submitted that the PI which was started by Magistrate Singh is now being heard before Magistrate Charlyn Artiga. Of the 32 witnesses scheduled to testify in the case only half have done so.
Justice Sandil Kissoon told Datadin that the current hearing is as a result of reports of an alleged texting which was highlighted in the media.
“This was not in the interest of justice, because there were allegations that counsel was texting the magistrate from the Bar table and, that the magistrate was not recording the evidence.”
He told the lawyer that it was the reason why complaints were made to the Judicial Service Commission, and that is why the magistrate in the interest of justice, recused himself’.
“However, here you are before us, for us to order, and direct the magistrate to conclude the PI even in the face of what was published in the press and the subsequent complaints made.”
The Court in its deliberations reasoned that following the allegations Magistrate Singh, attended a meeting before the Judicial Service Commission. Following an inquiry the Magistrate’s recusal from the matter was sought and he agreed.
But Datadin contended that the press never asked him whether he was indeed texting, but he was advised, instead, to stick to the application before the court.
Justice Barlow in handing down the ruling on the matter stated that’ This Court will not go behind the Magistrate’s recusal from this matter.
Section 37: Chapter 304 highlights a situation when a Magistrate or Justice of Peace refused to act’.
She said, “This Court finds that the Magistrate has not refused to act. The Court finds that by removing himself from the matter, the Magistrate did make a way for another magistrate to commence and conclude the Preliminary Inquiry.”
Justice Barlow continued, “If this Court were to agree with this petition, then, the Court must now stop an ongoing proceeding, have these proceedings completed by affidavit or whatever other procedure, and if possible restore the matter to Magistrate Singh. The order is thus refused.”

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