– chief magistrate
Acting Chief Magistrate Melissa Robertson’s ruling last Thursday that the Polar beer case would remain indictable was not based on any advice.
This newspaper, in a report published on Monday, had said: “The magistrate in her ruling on Thursday stated that she had taken into consideration the arguments raised by the prosecutor and the defence attorneys, adding that from advice received although a matter can be dealt with summarily ‘it doesn’t have to be’.”
However, Magistrate Robertson told Stabroek News yesterday that although she was entitled to seek a second opinion that did not mean her ruling was based on that opinion.
The magistrate said her ruling was as a result of what is stated by the law in such cases.
Part of the magistrate’s ruling read: “Lord Goddard, CJ in his judgment at Page 918 states: ‘…when giving addresses to justices, I have over and over again called their attention to the fact that because they have the power to deal with a case summarily, that by no means is a reason why they should necessarily do so’.”
Fifteen persons including current and former Customs and Trade Administration employees and two brokers, who were charged in April over a multi-million dollar ‘Polar beer’ fraud at Customs, were on Thursday told by the magistrate that the cases against them would remain indictable. She said also that Preliminary Inquiries (PIs) into those matters would commence on their next court date, which was subsequently set for November 10.
