Prima facie case against Mayor Atherly

SAN FERNANDO Mayor Ian Atherly lost the latest round of his legal battle yesterday when a San Fernando magistrate declared that there was sufficient evidence to make out a prima facie case against the Mayor in a charge of ballot-box tampering during the 2002 General Elections.

The ruling was made by Acting Deputy Chief Magistrate Mark Wellington who presided over the San Fernando First Court. Mayor Atherly is charged with committing the offence on October 4 at the South Divisional Fire Headquarters, Mon Repos, during voting of special electors. Wellington made his ruling as he overturned a no-case submission made by Atherly’s defence team, which is headed by attorney Theodore Guerra SC. Atherly is also being defended by attorney Ian Suekeran. The defence — when asked by the magistrate whether or not they wanted to call any more witnesses in the matter, or reserve this for the High Court hearing — called two more witnesses to testify.

Guerra called to the witness stand, Cpl Selvon Lewis of the Mon Repos Highway Patrol and Fire Officer Billy Martin, of the San Fernando Fire Station. The defence intends to call one more witness to the stand on Friday when the matter will be heard next. So far, nine witnesses, including journalists from CCN TV6 have testified in the case. Mauriceia Joseph is prosecuting the matter. At Friday’s hearing, more than likely, a final decision would be made as to whether or not Mayor Atherly would be committed to stand trial in the High Court. Atherly was sworn in as San Fernando’s new Mayor on July 28. Two days later he made his first court appearance in the  matter.