Social worker advised

MAGISTRATE Ramraj Harripersad released four-year-old Emily Anamanthodo into the custody of her mother — Anita Anamanthodo — after a medical social worker told him that she (the social worker) had no objections.

The order was made in the Third San Fernando Magistrates’ Court on January 12.

Following the court order, Emily was removed from the Mothers Union Children’s Home in San Fernando where she had been sent to in September 2005, and handed over to her mother on January 12.

Four months later, Emily was dead, the victim of abuse. The sequence of court appearances for young Emily’s custody began in April, 2004.

An application was first filed by the child’s grandmother — Chanardaye Basdeo — for legal custody.

The grandmother named Emily’s mother — Anita and the child’s biological father Jason Williams — as the defendants.

On May 14, 2005, the matter came up for hearing before Magistrate Harripersad. According to court records, there was no appearance of either party.

The magistrate dismissed the application. It is not recorded in the court’s record where Emily was housed at the time.

On that same day, May 14, 2005 at about 10.21 am, the record stated, grandmother Basdeo appeared in the courtroom and Harripersad re-instituted the matter.

According to the court records, the magistrate ordered fresh summons be served on Anita and on Emily’s father, Jason Williams.

The records show that Harripersad ordered that a Probation Officer’s report be furnished.

The case was adjourned to August 6, 2004. When the matter was called on that day, Clerk of the Peace Amcham Sookram adjourned the matter because Harripersad was presiding in the Rio Claro magisterial district as an acting senior magistrate.

According to the records, Sookram ordered fresh summons be served on the parties.

The records also indicated that the summons, as ordered by Harripersad, had not been served by the police on the biological father.

On August 27, when the case was called, Harripersad was again not present and Magistrate Armina Deonarinesingh, presiding in the Third Court, dealt with the matter.

At about 10 am when the case was called, none of the parties — Basdeo/Anita/Jason Williams — were present. Deonarinesingh dismissed the case.

At about 12.20 pm, Basdeo appeared in court and the magistrate re-instituted the case. Mom Anita also appeared.

There is no record in the proceedings, whether or not on the date magistrate Deonarinesingh presided, any reasons were given for the failure to furnish the court with the Probation Officer’s report as was directed by Harripersad.

Deonarinesingh adjourned the matter to December 1. On that day, the matter came up before Harripersad in the Third Court, San Fernando.

A transcript of the proceedings showed no appearance of the applicant/defendants. Harripersad, the records stated, dismissed the case.

In December 2005, a medical social worker attached to the San Fernando General Hospital, filed as a complainant, an application in the San Fernando Magistrates’ Court. Emily, whose residence was given as Mothers Union Home, was named as the defendant.

The complaint by the social worker, according to the records, stated: “Amy Emily has no parent or guardian or other person to be able to provide control for her under Section 44 of the Children’s Act.”

On January 12, 2006, the matter came up for hearing before Harripersad.

The medical social worker appeared and according to the court records, Emily’s mother, Anita was present in court.

The transcript of the proceedings stated that Harripersad released Emily into the custody of Anita, after the social worker informed the court she had no objections.

Emily was murdered on Monday night. Her step-father has been charged with the killing. Anita has been charged with five counts of child neglect.