Months have passed since the lawyers for Sam Hinds Jnr and Bishnarine ‘Sanjay’ Persaud appealed their sentences but dates for their hearings are yet to be set.
The Full Court, which will hear Hinds’ matter, and the Court of Appeal, which will hear Persaud’s matter, are not to be blamed as neither court has been furnished with the records of the magistrate court’s proceedings. Given the lengthy period which has passed, there has been a clear violation of what is outlined in the Summary Jurisdiction (Appeals) Act and this raises concerns about the continued violations being committed by court clerks.
Sections 7, 8 and 13 of the Act clearly outline what ought to occur with respect to court records to be used in appeal matters and the transmission of same to the higher courts.
According to Section 7, “ Immediately on receiving a notice of appeal or notice of the grounds of appeal, or on any security being given, the clerk shall make an entry of the fact and the time of the receipt in a record book to be kept for that purpose, and shall inform the magistrate of the fact.”