Sharma’s lawyers file motion in High Court to have copies of passport

Apr 28, 2010 News

Lawyers for embattled television station owner Chandra Narine Sharma have moved to the High Court after an application to have certified copies of his passport were denied.
Attorney at law Nigel Hughes filed a constitutional motion seeking to have the High Court rule on the matter.
The writ states that Sharma’s right for a fair hearing has been infringed because the state has its sole and exclusive custody material which is necessary for the conduct of the defence.
The writ states that Sharma’s fundamental constitutional right to an adequate time and facilities for preparation of his defence has been and is likely to be infringed by the expedited trial of the charge, when he has not been afforded an adequate time to prepare his defence.
It was further stated that article 149 of the constitution has been infringed by the special selection of Sharma’s case for commencement within one week after he was charged, while other persons of similar class have not been afforded the same or similar treatment.
The minimum time in the Georgetown Magisterial District before a preliminary inquiry in a case of carnal knowledge is six weeks. The matter is expected to be called up within eight days.
Sharma’s PI commenced one week after he was charged with the offence. He was hospitalised for four of those seven days.
Sharma’s preliminary inquiry commenced on Monday before Magistrate Sueanna Lovell, at the Georgetown Magistrates’ Court. Lead attorney for Sharma, Nigel Hughes had made an application for certified copies of his client’s passport to be made available to the defence.
However Director of Public Prosecutions Shalimar Ali-Hack opposed that application.
As a bail requirement, Sharma’s passport was lodged with the police. He also has to report twice a week to the Criminal Investigations Department.
According to Hughes, his client’s passport is a pertinent part of the defence and yet the prosecution insists on infringing his client’s fundamental rights to a fair trial.
The lawyer said that on some of the dates that the prosecution is alleging that Sharma committed the acts, he may have been out of the jurisdiction.
On Wednesday last, Magistrate Lovell granted Sharma $2M bail, after a two-hour debate between the DPP and Sharma’s defence lawyers.
Attorney at law Vic Puran had told reporters that the true motive behind the entire story was “political” and that “they wanted to humiliate Mr. Sharma”. Justice has nothing to do with it, he said.
He said that they initially did not want to raise the issue, but one cannot ignore the fact that every time elections are around the corner an allegation is made against Sharma.
On Tuesday last, Acting Chief Magistrate Melissa Robertson, refused to grant bail to Sharma.
Sharma is currently facing a charge of carnal knowledge.

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Sharma’s lawyers file motion in High Court to have copies of passport

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