By Latoya Giles
Magistrate Omeyana Hamilton, through her attorney Nigel Hughes, has filed an appeal against the Judicial Service Commission, indicating to the body the rules of 2010.
The appeal simply means that the action which is taken against Hamilton is deemed quashed until the appeal is heard.
A letter has been dispatched to the JSC indicating the JSC rules for 2010, and the penalties that come with them.
The letter was addressed to the secretary Mrs Chandra Jagnandan.
Further, lawyers for Hamilton are insisting that the dismissal be suspended, since she was not given any time or reason for her dismissal.
This newspaper was told that the Magistrate showed up for work yesterday and reported to the Chief Magistrate Priya Beharry.
Kaieteur News was told that the Chief Magistrate instructed Hamilton to go the Chancellor.
Upon arriving at the Chancellor’s office, his secretary informed the Magistrate that he was not well and did not report to work.
Hamilton was then advised again by her lawyers that she should return to work today.
The magistrate on Friday last, filed a writs of Certiorari and Mandamus before Justice Dianne Insanally, claiming that she was not afforded due process or a fair hearing when she met with Chancellor Carl Singh (ag) and Mr. Ganga Persaud. Hamilton was sacked with immediate effect last Tuesday.
In her affidavit of support, Hamilton said that she met with the two members of the Judicial Service Commission, after a complaint was made by Acting Chief Magistrate Priya Beharry.
Hamilton said that she believes that the Chancellor should not have been at the meeting, when considering the complaint of the Chief Magistrate, since “he had previously heard and determined my request not to travel to Bartica by speedboat.”
Further, in the affidavit, she stated that the Chancellor’s direction to magistrate Hamilton, to travel by speedboat even after he was informed about her medical issues, had placed himself in the position of the complainant and would not have properly sat to commence an investigation into the complaint of the Chief Magistrate.
By doing that Hamilton said that the Chancellor’s presence could have injected the proceedings with bias therefore infringing her right to a fair hearing.
It was cited that the Judicial Service Commission acted ultra vires and in breach of the rules of natural justice when they purported to embark on the hearing of the Chief Magistrate.
Magistrate Hamilton, prior to her appointment, had served in the office of the Director of Public Prosecutions.
She also worked in the Magistrates’ Court and with Legal Aid.
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