Judge slams Govt for not amending Act

FOR the past 15 years, Moruga fisherman Philip Gabriel has been waiting for the court to determine whether he is guilty or not guilty of assault with intent to rob.

Yesterday, two Court of Appeal judges slammed Parliament for not amending Section 130 of the Summary Courts’ Act, condemning why Gabriel, of La Ruffin, was yet to be called upon to defend himself against the charge.  Justice Roger Hamel-Smith said is was a “gross injustice” that Gabriel should have to face the risk of going to jail after 15 years of waiting on a ruling. “A gross injustice. I don’t know why Parliament has not amended the law,” Justice Hamel-Smith said when he referred to Gabriel’s Notice of Appeal reaching the magistrate court’s Clerk of the Peace, way past the seven-day period mandated by the Summary Courts’ Act.

Newsday learnt there are over 30 appeal cases filed that reached the Clerk of the Peace in the respective magistrates’ court beyond the stipulated seven-day period, as mandated by the Summary Court’s Act. Justice Hamel-Smith, acting as president of the Court of Appeal presiding over magisterial appeals in the San Fernando High Court, called for Parliament to amend Section 130 of the Act, so as to extend the statutory period beyond seven days.  “Something must be done soon,” the judge slammed. Presiding with him was Justice Lionel Jones. Although Gabriel allegedly committed the offence 15 years ago (1988), the case only came up on April 6, 1993, before Senior Magistrate Annette McKenzie in the San Fernando Magistrates’ Court. Gabriel was subsequently sentenced to three years imprisonment. Gabriel appealed the sentence and yesterday Justices’ Hamel-Smith and Jones heard from his attorney Faraaz Mohammed that the accused signed the notice of appeal on the date of conviction (April 6, 1993).

Section 130 of the Summary Courts’ Act states that a Notice of Appeal (NOA) must reach the Clerk of the Peace in the respective magistrates’ court, within seven days of conviction. Their Lordships heard from Mohammed that the prison authorities apparently did not send the NOA until April 23 - some 17 days after the date of conviction. Apparently discarded, for lack of compliance with the Act, Gabriel’s appeal came up yesterday before Justices’ Hamel Smith and Jones — ten years later. Justice Hamel-Smith stated he had no choice but to deem the appeal out-of-time. “There is no appeal before us,” he said. “Despite a Court of Appeal decision that the law must be amended to extend the seven-day period, so we can hear these appeals, this is not done. This is unfair and Parliament must act now. How can this man, after ten years, be sent to jail now?” Justice Hamel-Smith asked. The judge suggested to attorney Mohammed that he petition the President of the Republic, as a means of rectifying the problem. A Presidential Pardon, Justice Hamel-Smith added, was perhaps the only way out for Gabriel.