Apr 01, 2011 News
Justice Diana Insanally yesterday granted an Order Nisi, demanding that the Judicial Service Commission (JSC) show cause why the decision to sack magistrate Omeyana Hamilton, should not be reversed. The matter is returnable before the Judge on April 7.
The magistrate received her dismissal letter almost two weeks ago.
On Tuesday, the magistrate through her lawyer Nigel Hughes filed an appeal against the JSC, indicating to the body the rules of 2010.
The appeal means that the action which is taken against Hamilton is deemed quashed until the appeal is heard.
Meanwhile this newspaper was told that the magistrate returned to the office of the Chancellor Carl Singh (Ag) seeking an audience with him.
However his secretary, Mrs Chandra Jagnandan, informed the magistrate that she was no longer a member of staff.
Jagnandan is not the most requisite person to give that kind of directive, legal sources explained.
Later on, this publication was told that Senior Counsel Ashton Chase presented a letter to the magistrate, stating that the rules of the JSC were not enforced.
The magistrate showed up for work on Wednesday and reported to the Chief Magistrate Priya Beharry.
Kaieteur News learnt 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. The magistrate on Friday last, filed writs of Certiorari and Mandamus before Justice 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.
Jul 06, 2022Kaieteur News- Regal Legends extracted sweet revenge on New York Softball Cricket League (NYSCL) Legends to successfully defend their Independence Cup on Sunday at Baisley Park, Queens, New York. Set...
Kaieteur News– I hate, and I mean the word literally, the sociological vulgarity in this country that race baiting,... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]