Waiting over six months for decision from magistrate

Dear Editor,

In February 2006, I contracted an attorney-at-law, Mr Rupert Trim who filed a matter at the Berbice Magistrate’s Court regarding an overdue promissory note on my behalf.

This issue was called to hearing before Magistrate Geeta Chandan in March 2006 and after numerous trips to the Berbice Magistrate’s Court which resulted in unpaid man hours since I am currently employed the case was brought to a closure on June 30, 2006.

I was told to return to the court on July 21, 2006 for a decision on the case.

However, on July 21, 2006 and July 28, 2006, court was not in session.

The case was called in August 2006, and I was unable to attend since I was not informed of the date.

Mr Editor, several attempts by myself and Mr Trim to ascertain the new date for decision on the matter have proved futile since the staff at the Magistrates Court claimed that my case jacket cannot be located.

It is almost six months since this case has been closed by Magistrate Chandan, perhaps, you can assist in resolving this issue by indicating to the Minister of Legal Affairs that the shortage of magistrates is hindering justice.

Justice delayed is justice denied.

Yours faithfully,

Odessa Crawford

Editor’s note

We sent a copy of this letter to Magistrate Geeta Chandan for her comments and received the following response:

“I acknowledge receipt of your letter the 18th January, 2007. I wish to comment as follows:-

The decision in this matter was endorsed on the case jacket and was submitted three (3) days prior to the date fixed for the decision to be given to the Clerk. This matter was defended.

The decision was never rendered as the case jacket never surfaced. I deal with several hundreds of cases in Berbice and I lost track of this matter. Upon receipt of your letter I immediately checked with the Clerk of Court of the New Amsterdam Magistrates Court and I was told he will look into this matter.

The fact that the decision was never rendered is as a result of the non-surfacing/ missing case jacket.

The case jackets are submitted to the Clerk of Court for custody and safe keeping. I am not the custodian nor keeper of the case jackets. I only deal with matters that are before me.

There is no inefficiency or malice on my part in not rendering a decision when the records are not before me. I endeavour at times to be efficient and effective in the discharge of my official and professional duties.”