Magistrate Yohhannseh Cave is contemplating taking legal action against the publishers of Kaieteur News (KN) for an article in Tuesday’s edition of the newspaper, which he said questions his commitment to the judiciary, and was distasteful and flawed.
Referring to the report as “a ridiculous piece of journalism”, the magistrate said he is deeply disappointed in the article for it not only questions his obligations to the public, but also lays the blame for the delays at the Sparendaam court at his doorstep.
He said that it was difficult to identify a single correct fact in the report, adding that the reporter did not even get the name of the Chancellor correct.
Magistrate Cave said that the report was either the result of ineptitude, malice, or both, adding that the newspaper made no attempt to contact him prior to publishing.
The KN article titled, “Sparendaam Magistrate’s Court angers lawyers”, reported that the magistrate rarely sits on the bench and that his absence from the court has resulted in cases being delayed. It said too, that the workload at the court had increased within recent months, but that “the presiding magistrate at the court spends at the most, one hour a day at the court”.
As with all presiding magistrates, Magistrate Cave said, his hours of sitting is a matter of public record noting that the Clerk of Court is required to prepare returns documenting those hours of work, specifically when he begins his day and when he concludes; the records are then transmitted to his administrative superior- the Chancellor.
Magistrate Cave added that if the reporter’s assertions are established by the records, which are clearly available he not only would be resign his position promptly, but would put an end to his legal career.
The magistrate said he cannot recall ever sitting in the court for one hour, and that for the reporter to suggest that he spends such a limited time at court, is an unfair assertion.
Magistrate Cave said that the reporter might have been unaware that he recently returned from medical leave, which was for the entire month of September. According to him, the leave was prompted by chronic and severe headaches.
“I never had my commitment to the job questioned by anyone in the past certainly not to my knowledge and indeed the record will show that since I have assumed office I have worked beyond the statutory period required and certainly above and beyond the amount of hours required”, he stated.
Since he was appointed in February 2007 Magistrate Cave said a backlog of cases confronted him noting that it was not unusual for him to leave the bench verging on 6 pm, often without stopping for a lunch break, adding that he is very much aware of the frustration faced by litigants due to the delays in the system.
Magistrate Cave said he was advised to seek an audience with the reporter responsible for the article, but having regard to the level of inaccuracy in the report “and seeming malice demonstrated I have no confidence that the reporter will get it right the second, third or even the hundredth time”.
Further, he said the report failed to mention that he had recommended to the Chan-cellor that the Sparendaam court sit five days a week as opposed to three days given the chronic backlog of cases which he had inherited.
