Magistrate sues Govt.
Magistrate Geeta Chandan-Edmond has filed a constitutional writ against the members of the Judicial Service Commission.
Magistrate Geeta Chandan-Edmond (right)
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The members are Attorney General Charles Ramson, Acting
Chancellor Justice Carl Singh who acts as the Chairman,
Acting Chief Justice Ian Chang, Ganga Persaud, Justice
Prem Persaud (retired) and Senior Counsel Brynmor Pollard.
By way of the writ, the Magistrate is claiming that her
suspension from the period of September 7, 2009 on the
basis of her absence from duty without approval was null
and void.
In a sworn affidavit, the Magistrate is claiming that on
July 2, she was informed of her aunt’s death in
Suriname. She claimed that on July 3 she attempted to
contact Acting Chancellor Justice Carl Singh, informing
him about her relative’s death and also of her intention
to leave the jurisdiction.
She said that several attempts to contact the Chancellor
were futile. She said that she however left a message with
the Chancellor’s secretary about her bereavement and her
intention to attend the funeral in Suriname.
The Magistrate said that she conducted her duties up until
July 3 and adjourned the court after she finished all the
listed cases.
She said that she had seen the Chancellor while she was
attempting to leave the jurisdiction, but was however
unable to inform him about the death since the
circumstances did not facilitate an appropriate
opportunity. She returned to Guyana on July 6.
On July 10, she received a letter seeking her explanation
for her unauthorized absence from work on July 4, and also
for her departure without seeking permission from the
Judicial Service Commission.
She complied and wrote a response to the Chancellor, and
on July 22 she was invited to attend a meeting at his
office.
She attended the meeting and provided responses to the
inquiries by the Chancellor.
On July 29, she was invited for a further meeting at the
Judicial Service Commission. Present at the meeting was
Acting Chief Justice, Ian Chang, Ganga Persaud; Justice
Prem Persaud and Senior Counsel Brynmor Pollard.
They all sat and deliberated upon a complaint which was
made by the Chancellor.
It was on July 31 that the members informed her that she
had been suspended for two weeks and would not be paid for
one week.
She is further claiming that she was not given a fair
hearing from the Judicial Service Commission when they met
to hear about her absence from duty.
The Magistrate said that allegation was put to her, but
she was never afforded an opportunity to be heard about
why she was absent.
The Magistrate is seeking damages in excess of $50,000 for
the breach of article 199 of the Constitution. She is also
seeking damages in excess of $50,000 for the breach of her
not being under the protection of the Office of the
President.
And she is seeking damages in excess of $50,000 for the
wrongful suspension from the office of the Magistrate for
the period of two weeks. The matter is expected to be
called up in Berbice next Friday.
Related:
MAGISTRATE Nigel Hawke and
his lawyer wife, Donnelle, were robbed in their Section
'B' Non. Pariel, East Coast Demerara home, by a lone
gunman
April, 2009
July 3, 2009
Wednesday, October 2, 2009
;