The hearing of the private charge against former president Bharrat Jagdeo filed by attorney Christopher Ram has been put on hold at the Whim Magistrate’s Court, due to the related proceedings pending in the High Court.
When the case was called on Monday, Magistrate Charlyn Artiga said the court received an order that was granted in the Berbice High Court by Justice William Ramlall, directing her not to conduct any further proceeding in the magistrate’s court until the termination of the hearing in the High Court. The magistrate set September 21st as a prospective date for report in the Whim court.
Jagdeo made his first court appearance in May charged with making racially divisive statements in contravention of Section 139 D of The Representa-tion of the People Act. He is accused of making statements at a public meeting held at Babu John, Corentyne on March 8th which could have resulted in racial or ethnic hatred among the people. On June 26th, one of Jagdeo’s attorneys, Mursaline Bacchus, filed a notice of motion to prevent the magistrate proceeding with the hearing of the matter along with a notice of motion stating that the charge was bad in law and should be dismissed. The matter is expected to be heard in the Berbice High Court today before Justice Ramlall.
At the initial hearing, Jagdeo’s battery of attorneys had argued for the charge to be dismissed, stating that it was bad in law and should not be allowed since the complaint was not sworn to nor read by a sitting magistrate. Bacchus had argued that the section does not make out an offence, hence there can be no conviction.
However, on May 25th Jagdeo appeared before Magistrate Artiga to answer the charge and was restricted from leaving the country without permission from the court. Days later his lawyers petitioned the High Court and the restriction was lifted subsequent to a hearing by acting Chief Justice Ian Chang. Jagdeo did not appear at the court hearing in June and a medical certificate was submitted stating that he was unable to attend the hearing.
He did not appear in court on Monday because the High Court order had been handed down.