The way has been paved for opposition senator Vynnette Frederick to stand trial on nine counts of false declaration.
Magistrate Rickie Burnett, during a sitting at the Biabou Magistrate Court on Wednesday, dismissed an application by Frederick’s lawyers that the charges be struck out.
Lawyers Andrew Pilgrim and Keith Scotland argued that the nine charges were an abuse of process.
They were brought against Frederick last July, hours after the same magistrate threw out six similar charges against here.
The charges stem from the content of documents Frederick had filed as part of private criminal complaints against Prime Minister Ralph Gonsalves in the wake of the December 2010 general elections.
The lawyers said that they were an abuse of process since they were similar to the originally charges, which were thrown out.
However, the magistrate, in responding to the submissions by both the prosecution and defence, said that discharging the accused after striking out the charges on a pre-trial request to strike out evidence, did not amount to an acquittal, since there was “no final adjudication in this matter”.
The magistrate further said the legal system contains enough safeguards to ensure a fair trial for the accused.
He said that if any issues of prejudice or unfairness arise, they would be properly addressed at a trial.
Deputy Director of Public Prosecution, Colin John, represented the state in the matter.
The re-arrest of Frederick last July, hours after the original six charges against her, resulted in some public outcry, with the Opposition New Democratic Party, of which she is a member, subsequently calling out its supporters in protest in Kingstown.
Correction: An earlier version of this story quoted Magistrate Burnett as saying “no final gratification in this matter”. He has since informed us that the word used was in fact “adjudication”.
Most unfortunate situation, could you imagine if she was ULP, she would get the Queens award for industry.
Yes, Mr. Binose, like with the fat architect, they gave him all the fat contracts then give him a Queen’s Honours for doing so much work.
“However, the magistrate, in responding to the submissions by both the prosecution and defence, said that discharging the accused after striking out the charges on a pre-trial request to strike out evidence, did not amount to an acquittal, since there was no final adjudication in this matter. The magistrate further said the legal system contains enough safeguards to ensure a fair trial for the accused”.
In other words political pressure has made the learned magistrate wash his hands from these charges and pass them on to a higher curt to adjudicate? Fear is really stalking this ‘blessed’ land. Even magistrates are walking the thin line between doing their job in a professional manner or fearful of the powers that be when it comes to job security.
My advice to Ms Frederick is take the 100K and join the Labour party, all this magnified crap will then disappear in a puff of smoke. Then when the big share out comes around again you will be able to share in the contents of the bag as well.