propaganda press! state sponsored & negroe free

Magistrate committal order invalid, applicant on $1M bail
THE State yesterday appealed a habeas corpus ruling by Judge Jainarayan Singh denouncing a committal Order by Magistrate Hazel Octave-Hamilton who had committed applicant Terrence Sugrim to prison to await extradition to the United States of America to face trial for drug offences. [Judge Jainarayan Sing also released THREE TIMES cocaine mogul Barry Dataram]

Principal Legal Adviser of the Attorney General’s Chambers, Mr. Nareshwar Harnanan, who appeared for the A.G., gave notice of appeal in Open Court.

Attorney-at-Law Mr. Glenn Hanoman, who took on the role of leading counsel for the applicant in the absence of Leader Mr. Rex Mc Kay S.C., applied for bail for the applicant, and was granted $1M bail by the judge.

The applicant, who was in custody of the prison, was ordered by the judge to report twice weekly - Mondays & Wednesdays – at the La Grange Police Station until the hearing and determination of the appeal. [we know how well this worked for Barry Dataram]

Other lawyers associated with Mr. Hanoman yesterday were Mr. Hukumchand and Miss Bettina Mc Kay.

Mr. Hanoman had suggested to the Judge to put his decision in writing so that it could be used as guidelines for magistrates in similar cases.

In his ruling, the Judge disclosed that he did not make use of all the submissions that were made on behalf of the applicant.

But he pointed out that the Magistrate who was engaged in an inquiry to determine whether, in accordance with a request from the U.S. Government, the accused had committed an offence which required him to be extradited to the USA for trial, had made so many fatal errors at her inquiry, that they were serious enough transgressions to render the Magistrate’s rulings in relation to the committal unlawful and unfair.

Outlining some of the irregularities by the Magistrate, the Judge referred to the question of identity where, according to him, the Magistrate made a judicial error by deeming the applicant to be Terrence Sugrim, known as Terrence Emmanuel Sugrim, Lugard Thompson, Lugard Winter Thompson and Raoul Lucas.

According to the judge, the Magistrate made judicial pronouncements on the question of identity before any evidence was taken.

The magistrate, he said, refused to grant adjournments to the defence in situations where the adjournments were merited.

The judge also found that the magistrate did not allow the alleged fugitive to lead a defence or to call witnesses on his behalf, which was a cardinal and fatal error.

Judge Singh also held that the hearing in the magistrate’s court was a judicial process and not an administrative process, as the Attorney

General was contending.

And therefore normal rules of procedure and evidence and the rule of law must be valid.

This, the judge said, is especially so when the liberty of the subject is involved.

Following the completion of the case, the applicant was taken to the prisoners room downstairs of the Court to await the entering of the Court Order and ultimately bail.

It took so long to get the Order entered that the Prison Officers had to take their man back to the prison.

After the Order was secured, it had to be taken to the prison to effect freedom.