Prisoners and family send messages to Judiciary

Also wearing the same t-shirts were their family members who sat in the public gallery of the Eighth Magistrates Court in Port of Spain .

Written on the t-shirts were the words Freedom; We are innocent; We want to go home; Set us free; and We want justice, sending a message to those in authority to fix the problem which has led to their situation .

Chicki Portello, Kareem Gomez, Levi Joseph, Anthony Charles and Israel “Arnold” Lara are charged with murder and are before acting Chief Magistrate Maria Busby Earle- Caddle .

At Wednesday’s sitting, the men were told the transcripts of their preliminary inquiry had been completed .

An attorney from the Office of the Director of Public Prosecutions said DPP Roger Gaspard,SC, had to review the transcripts before he comes to a decision on the way forward .

The men’s lawyer Criston J Williams suggested the DPP invoke Section 23 (8) c of the Indictable Offences Act which gives him the power to prefer an indictment where a magistrate has heard evidence and is unable to complete the inquiry due to (i) physical or mental infirmary (ii) resignation (iii) retirement or (iv) death .

Williams said the former chief magistrate’s position was now a matter of public record as she resigned as a judge on April 27 after she was elevated to the high court on April 12 .

Williams was informed to put his position in writing and forward it to the DPP for his consideration .

Portillo and the others are to return to court on August 2 .

Ayers-Caesar has since filed a lawsuit against the State and the Judicial and Legal Services Commission claiming she did not resign voluntarily, but was forced to do so because of the discrepancy in the number of part-heard matters she still had .

She also defended magistrates in the process saying they are “generally not responsible” for the delays which are caused when preliminary inquiries have to be adjourned .

Ayers-Caesar said she did not intend to mislead the Chief Justice about the number of matters she had outstanding but that those cases “could easily have been dealt with by another magistrate” as the law provides for it .

Attorney General Faris Al-Rawi has also proposed legislation to deal with the 52 part heard matters left in limbo aimed at avoiding a recurrence of a similar situation .

He has written to the Law Association seeking advice on the proposed legislation - Miscellaneous Provisions (summary Courts and Preliminary Enquiries) Bill 2017 .

“In respect of preliminary enquiries, the attached bill seeks to expand the existing limited jurisdiction of the Director of Public Prosecutions to prefer a voluntary bill of indictment pursuant to Section 23(8) of the Indictable Offences (Preliminary Enquiry) Act Chap 12:01 to include instances where a presiding magistrate is unable to complete or continue a preliminary enquiry, for any reason,” the letter to the association’s president Douglas Mendes,SC, stated .

“Further, where the DPP does not prefer a voluntary bill of indictment and a magistrate is unable to complete a preliminary enquiry for any reason, the Bill seeks to create a power for another magistrate to hold a new preliminary enquiry or continue the preliminary enquiry in the interest of justice and with consent of parties,” it stated .

The bill proposes to “create the power” for another magistrate to take conduct a “new trial or continue the trial with consent of parties” when the presiding magistrate cannot complete it for whatever reason .

“In respect of summary matters, the bill seeks to create a power for another magistrate to conduct a new trial or continue the hearing of that matter, for any reason,” the letter stated .