Ram rebuked for contacting Magistrate
June 23, 2015 By GuyanaTimes
Magistrate Charlyn Artiga
Magistrate Charlyn Artiga
Ram vs Jagdeo court case
… escapes censure after apologising
Magistrate Charlyn Artiga on Monday rebuked Attorney-at-Law Christopher Ram for making contact with her via telephone in relation to the issues arising from the private politically motivated criminal charge he made against former President Bharrat Jagdeo for remarks made at Babu Jaan, Port Mourant earlier this year.
One respected Attorney told Guyana Times that Ram was lucky to escape with just a warning for initiating an ex-parte communication with the Magistrate.
The prohibition against ex-parte communications with the court is designed to protect the opposing party’s right to a fair hearing and, ultimately, the impartiality and integrity of the courts.
Communications are commonly understood to be ex-parte if made by one party outside the record without giving the other party notice or an opportunity to respond.
Besides in-person contact, the rule covers communication by telephone, letter, e-mail and any other modes.
The case was called again at the Whim Magistrate’s Court on Monday, but was adjourned until July 13 owing to Jagdeo’s ill health.
Jagdeo was represented by Attorneys-at-Law Mursaline Bacchus, Adrian Anamayah and Perry Gossai who submitted a medical report explaining his absence.
The medical report was accepted and the presiding Magistrate adjourned the matter until July 13.
Bacchus explained to the court that a letter was submitted a few days back stating that Jagdeo was unwell.
Further, the Attorneys made an application for statements and a transcript from the recording to be made available.
Apology
Magistrate Artiga made it clear that she would not permit anyone (Complainant or Defendant) to contact her personally on matters regarding the case.
She made this statement after Ram had sought to contact her via the telephone regarding issues he had.
She said any contact should be made through the court, either through the clerk or the office and both parties should be present.
Ram, through his lawyer, Charrandass Persaud, apologised to the Magistrate for making contact with her, the apology was accepted.
Monday’s hearing was relatively quiet with no protesters.
The private politically motivated charge was filed under Section 139 D1A of the Representation of the People Act by Ram regarding remarks made by Jagdeo on March 8 at Babu Jaan, Port Mourant.
Ram contended that the statements made can result in racial or ethnic hatred among the people.
Under the said act, if found guilty, a person can face a fine of $100,000 together with two years’ imprisonment.
Jagdeo had made his first appearance in the case on May 25 amid protesting supporters who said that the charge was politically motivated.
No evidence
During the first hearing, Senior Counsel Bernard De Santos had argued that the charge filed showed no evidence that an offence was committed.
“The charge before the court does not disclose any offence leading to the law, so we want it quashed. We want it thrown out; that’s essentially what we are aiming for…you cannot charge someone if there is no offence.â€
De Santos said after examining the allegation and the section of the law under which the charge has been laid, in his view, it was frivolous, vexatious and an abuse of the process of the court in which it has been filed.
Further, he pointed out that it was a gross misinterpretation and colossal misuse and abuse of Section 139D of the Representation of the People Act, Chap1:02.
The Senior Counsel noted that while he would not speculate in relation to the motive which inspired the institution of the charge, he will, however, state that “it constitutes an abridgement of the constitutional right and freedom of my client to speak and express himself freelyâ€.
De Santos further noted that the unprecedented use of a criminal charge to muzzle speakers at public political events was an assault on the democratic right of political leaders to speak freely on matters of national interest as well as a violation of the democratic right of the citizenry to receive such information.
He said that the case was nothing more than political sensationalisation and mischief.
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June 23, 2015 By GuyanaTimes
Magistrate Charlyn Artiga
Magistrate Charlyn Artiga
Ram vs Jagdeo court case
… escapes censure after apologising
Magistrate Charlyn Artiga on Monday rebuked Attorney-at-Law Christopher Ram for making contact with her via telephone in relation to the issues arising from the private politically motivated criminal charge he made against former President Bharrat Jagdeo for remarks made at Babu Jaan, Port Mourant earlier this year.
One respected Attorney told Guyana Times that Ram was lucky to escape with just a warning for initiating an ex-parte communication with the Magistrate.
The prohibition against ex-parte communications with the court is designed to protect the opposing party’s right to a fair hearing and, ultimately, the impartiality and integrity of the courts.
Communications are commonly understood to be ex-parte if made by one party outside the record without giving the other party notice or an opportunity to respond.
Besides in-person contact, the rule covers communication by telephone, letter, e-mail and any other modes.
The case was called again at the Whim Magistrate’s Court on Monday, but was adjourned until July 13 owing to Jagdeo’s ill health.
Jagdeo was represented by Attorneys-at-Law Mursaline Bacchus, Adrian Anamayah and Perry Gossai who submitted a medical report explaining his absence.
The medical report was accepted and the presiding Magistrate adjourned the matter until July 13.
Bacchus explained to the court that a letter was submitted a few days back stating that Jagdeo was unwell.
Further, the Attorneys made an application for statements and a transcript from the recording to be made available.
Apology
Magistrate Artiga made it clear that she would not permit anyone (Complainant or Defendant) to contact her personally on matters regarding the case.
She made this statement after Ram had sought to contact her via the telephone regarding issues he had.
She said any contact should be made through the court, either through the clerk or the office and both parties should be present.
Ram, through his lawyer, Charrandass Persaud, apologised to the Magistrate for making contact with her, the apology was accepted.
Monday’s hearing was relatively quiet with no protesters.
The private politically motivated charge was filed under Section 139 D1A of the Representation of the People Act by Ram regarding remarks made by Jagdeo on March 8 at Babu Jaan, Port Mourant.
Ram contended that the statements made can result in racial or ethnic hatred among the people.
Under the said act, if found guilty, a person can face a fine of $100,000 together with two years’ imprisonment.
Jagdeo had made his first appearance in the case on May 25 amid protesting supporters who said that the charge was politically motivated.
No evidence
During the first hearing, Senior Counsel Bernard De Santos had argued that the charge filed showed no evidence that an offence was committed.
“The charge before the court does not disclose any offence leading to the law, so we want it quashed. We want it thrown out; that’s essentially what we are aiming for…you cannot charge someone if there is no offence.â€
De Santos said after examining the allegation and the section of the law under which the charge has been laid, in his view, it was frivolous, vexatious and an abuse of the process of the court in which it has been filed.
Further, he pointed out that it was a gross misinterpretation and colossal misuse and abuse of Section 139D of the Representation of the People Act, Chap1:02.
The Senior Counsel noted that while he would not speculate in relation to the motive which inspired the institution of the charge, he will, however, state that “it constitutes an abridgement of the constitutional right and freedom of my client to speak and express himself freelyâ€.
De Santos further noted that the unprecedented use of a criminal charge to muzzle speakers at public political events was an assault on the democratic right of political leaders to speak freely on matters of national interest as well as a violation of the democratic right of the citizenry to receive such information.
He said that the case was nothing more than political sensationalisation and mischief.
Share Button
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Related
CJ quashes Magistrate’s decision
In "TOP STORIES"
Kaieteur News attacks integrity, independence of judiciary
In "NEWS"
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