One of several murder accused trapped in legal limbo following chief magistrate Marcia Ayers-Caesar’s ascension to the High Court and subsequent resignation, yesterday begged for some clarity and justice after learning there was no word on the future of his matter.
Describing himself and other accused as “the scum of society,” Miguel Roberts, who along with Nigel “Dufu” Mayers and Nick “Skinnies” Noriega, is charged for murdering a shopkeeper at her parlour seven years ago, said the time had come for them to be respected.
“Since September 19, 2012 this matter start. I see all kinda thing and nothing like this before. I doh care what going on with the CJ (Chief Justice, Ivor Archie). Is time them respect the scum of society,” Roberts said.
Roberts said acting Chief Magistrate Maria Busby-Earle Caddle was the one feeling the brunt of their anger, saying he and his co-accused were cursing her for the situation. However, he admitted she was not to blame for their current predicament.
“The position they put you in is not fair because when we come and we disrespectful, is not (director of Public Prosecutions) Roger Gaspard or the JLSC (Judicial and Legal Service Commission) or police, is you,” Roberts said.
Mayers said he is now feeling like a puppet on a string, since his matter may now have to restart although just one witness was left for it to be completed when it was before Ayers-Caesar. His co-accused had also raised issues with the State prosecutor’s inability to complete the matter. Prosecutor in the matter, Danielle Thompson, said the State had been ready to close their case since January 4, but due to the men’s attorney Wayne Sturge’s inability to attend they could not.
With his voice cracking, Mayers said: “How I could put my trust in allyuh. This is stupidness ma’am. I have kids at home. This hurting me!”
Busby-Earle Caddle had earlier informed the men and their attorneys that the law was clear, in that when a magistrate resigns their part-heard matters must restart. She added that on the last occasion several attorneys objected to her restarting the matters and promised to file submissions to which Gaspard was to respond, but they all failed to do so. She added that of all the transcripts requested by both State and defence attorneys in the 20-plus matters, only one was available.
Attorney Kwesi Bekoe, who represented Roberts, said he had adopted the position of Gerald Ramdeen and will not be making any written submissions in the matter.
He added also that on the last occasion, Gaspard had noted that Ayers-Caesar’s ascension was not properly documented and Gaspard himself needed such documentation before he could exercise his powers under law to either dismiss or indict the accused.
OBSCENITIES OUTSIDE COURT
Before the trio, five of six men who are also charged with murder walked out the courtroom cursing after they were informed they would have to wait at least three weeks before any headway could be made in their matter. Outside the Port-of-Spain Magistrates’ Court, relatives of those charged described the possibility of the matters restarting as “bull---t.” They claimed the men were being treated as guilty and now had to prove their innocence.
Selwyn Gomez, whose son Kareem has been in jail for the past seven years, said: “That real affecting we. Is poor people, where we getting money to pay a lawyer again? It is not fair, it could never be fair. Ayers-Caesar had promised them that at her next hearing would be the last and she became judge before that.”
Leudina Cornwall, whose grandson Levi Joseph is also in custody, said she was in court prior to Ayers-Caesar’s departure and was informed her grandson’s matter would be dealt with. But she said before the adjourned date, the then chief magistrate became a High Court judge.
Ayers-Caesar, who became this country’s first female chief magistrate in 2010, was sworn in as a judge on April 12 but resigned less than a week later after it was learned she had 52 matters still pending in the lower court. The JLSC claimed Ayers-Caesar had misled them during the interview process, but she is now threatening to take legal action to regain her position, after she claiming in a letter to President Anthony Carmona that she was effectively fired without hearing.
Yesterday’s cases have been adjourned to July 24.
