MAGISTRATE FAILS TO SHOW

Acting Deputy Chief Magistrate Mark Wellington did not show up yesterday at the San Fernando Magistrates’ Court to deliver his much anticipated decision — whether or not Seeromanie Maharaj-Naraynsingh, third wife of Dr Vijay Naraynsingh, and Elton Ramasir should stand trial in the High Court for the murder of Dr Chandra Naraynsingh. Instead, another magistrate, Sonia Aleong, adjourned the matter to Monday at 10.30 am. Magistrate Aleong gave no reason for the acting deputy chief magistrates’ failure to attend  court to deliver his decision, after hearing arguments on Thursday from Deputy Director of Public Prosecutions, Roger Gaspard, who is prosecuting the case, and attorneys defending Seeromanie and Ramasir.

Wellington had announced on Thursday that he would give his ruling yesterday, but admitted that his decision would not be an easy one, as both sides had vigorously represented their interests. Attorneys present yesterday had no comment to make. Newsday, however, was informed by sources in the magistracy that a medical certificate was submitted on Wellington’s behalf yesterday. This was confirmed by one of the attorneys on the defence team. Wellington, who last week discharged Seeromanie’s husband Prof Vijay Naraynsingh, has already ruled that a prima facie case has been made out against Seeromanie and Ramasir. Dr Chandra, the professor’s second wife, was shot dead on June 29, 1994 at the Langmore Health  Foundation, Palmyra Village, near San Fernando.

The courthouse was packed to capacity, but around 11.35 am, more than half an hour after the scheduled time Wellington had fixed for giving his decision, Aleong called the names of Maharaj-Naraynsingh and Ramasir. She said: “The matter is put for Monday March 14 for decision.” After making a note, the magistrate confirmed with Gaspard, defence attorneys Prakash Ramadhar and  Lary Lalla, on the suitability of the time for Monday’s re-scheduled hearing. Aleong quickly left the courtroom to return to the Second Court where she usually presides. Seeromanie and Ramasir looked bewildered. Asked for a comment on the no-show by the magistrate, Seeromanie’s attorney Ramadhar said: “I have no comment to make at this time. Monday we’ll see.”

Newsday contacted Chief Magistrate Sherman Mc Nicholls yesterday, but his secretary said he was not available. Dr Vijay Naraynsingh commented: “I think throughout the trial he (Wellington) never missed a day, so nothing is wrong with staying away one day. I’m delighted — time to pray.” Asked about his wife still having to wait in jail for the weekend before she knows her fate, he said: “A weekend in jail is a very long time.” Since the murder inquiry began on December 17 in the First Court, Wellington has presided over the last 30 hearings without absence.

On Tuesday, the magistrate was given additional evidence to consider as the State requested the prosecution case be re-opened. This came after defence attorneys called a witness — Assistant Division Fire Officer Curwin Callendar — who tendered records of a fire on May 10, 1994, in respect of a businessplace on Cipero Street, San Fernando. That evidence was solicited with a view to challenging the testimonies of the State’s two main witnesses, Shawn Parris and Junior Morris, regarding the premises in question. In reply, Gaspard called PC Kurt Simon — who investigated the 1994 fire at the accused’s business place. Gaspard also recalled to the witness box Assistant Superintendant of Police Nadhir Khan to clarify issues raised in his testimony.