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… Attorneys point to High Court challengeThe criminal charge filed against former President Bharrat Jagdeo was set to continue in the Whim Magistrate’s Court before Magistrate Carlyn Artiga,NFL Jerseys Discount, yesterday. The matter which is being challenged in the High Court was further put down for report.When the matter was called, Jagdeo’s lawyers Mursalene Bacchus and Adrian Anamayah asked for another date for the report since the matter in the high court has been stalled due to the fact that the Judge assigned to hear the case is on leave.Magistrate Charlyn Artiga presiding at the Whim Magistrate’s Court had already started hearing a private criminal charge against the former President Bharrat Jagdeo when the High Court order came down from Justice William Ramlal. The case had been called three times before it was stopped.Legal minds are now saying that the precedent set by this case is likely to spark other High Court actions that can see cases before Magistrates being halted.The Order/Rule Nisi of Certiorari is directing Magistrate Artiga to show cause why a Writ/Order of Certiorari should not be issued against her and to quash her decision or ruling in the private criminal proceedings.Attorney-at-Law Christopher Ram had filed the charge against Jagdeo at the Whim Magistrate’s Court, Corentyne, Berbice. The charge is that Jagdeo uttered words causing racial or ethnic hatred, contrary to Section 139 D (1) (a) of the Representation of the People’s Act, Chapter 1:03.Jagdeo’s lawyers applied to the Berbice High Court for the writs and order,Cheap NFL Jerseys co, contending that the Magistrate’s orders in the case are “irrational, unreasonable, erroneous,NFL Jerseys China, in law and is null, void and of no legal effect”.Magistrate Artiga, on May 25, had already started the case, warning if Jagdeo did not turn up,Cheap Jerseys Free Shipping, she would be issuing an arrest warrant. He later showed up at that Berbice court,Cheap Adidas NHL Jerseys, rushing from his Pradoville Two home, East Coast Demerara. Standing in the prisoners’ docks, he was placed on self bail after the charge was read to him. He was also restricted from travelling unless he asked the court’s permission.Jagdeo’s lawyers in late May successfully approached the High Court asking that the travel ban be overturned.On Monday, it was announced by Magistrate Artiga that she could not proceed because of the High Court order. She set the matter down for a report on October 26.According to court documents from the High Court, Justice Ramlal also ordered an Order Nisi directing the Magistrate to show cause why a Rule Nisi of Prohibition should not be issued, directing her from taking any steps in the proceedings on the ground that she has no jurisdiction to inquire into the charge.The lawyers are arguing also that the charge is fundamentally defective and legally invalid and that the continuation of the criminal proceedings is an abuse of the processes of the court.The Magistrate now has to show good and sufficient cause why the order of prohibition should not be made absolute.Jagdeo’s case is closely watched as it would be one of a first against a former leader of the country.Ram, in addition to being a lawyer, is an auditor and critic of the previous PPP Government. He is accusing Jagdeo of breaking the laws when he uttered statements on Sunday March 8 at Babu Jaan.Ram charged that the statements “can result in racial or ethnic violence or hatred among the people”.At the first hearing, Jagdeo’s lawyers had argued that the charge was frivolous, vexatious and without any basis in law. They requested that it be dismissed.
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