Comments on: Magistrates are bound to follow the decision in State v Webber until it is overruled by a higher court http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/ Guyana News, Sports, Businesss and Entertainment Sun, 14 Mar 2010 02:06:00 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: W.C.D.People http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201756 W.C.D.People Fri, 28 Aug 2009 16:39:57 +0000 http://www.stabroeknews.com/?p=55760#comment-201756 M.Z.Rahaman I agree with you on the point of 'Mr. Juman-Yassin makes this issue easy to understand and as a layman, I truly appreciate that'. M.Z.Rahaman
I agree with you on the point of ‘Mr. Juman-Yassin makes this issue easy to understand and as a layman, I truly appreciate that’.

]]> By: Danny DeAbru http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201237 Danny DeAbru Thu, 27 Aug 2009 19:37:55 +0000 http://www.stabroeknews.com/?p=55760#comment-201237 SAMAROO,always off the ball. SAMAROO,always off the ball.

]]> By: pepie http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201209 pepie Thu, 27 Aug 2009 19:00:18 +0000 http://www.stabroeknews.com/?p=55760#comment-201209 Perfect response...suck it up now Nandall. It's you flawed interpretation that held a man in prison for 5 years that later resulted in a "So call" Pardon. Perfect response…suck it up now Nandall. It’s you flawed interpretation that held a man in prison for 5 years that later resulted in a “So call” Pardon.

]]> By: evan thomas http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201201 evan thomas Thu, 27 Aug 2009 18:39:42 +0000 http://www.stabroeknews.com/?p=55760#comment-201201 I seem to recall this name as a 'onetime' magistrate in Guyana. What is this guy saying, eh??? The english language is alien to some, therefore a paucity in understanding and logical reasoning. Mr. Yassin clearly stated the decision by the magistrate is correct in law as applied to Guyana. He further went on to explain that where the proported confession statement is the only 'evidence' presented against the accuse and it is challenged as to its legal validity, the ruling of Justice Ramlall provides the magistrate with legal guidance on the question of law. That to test that ruling by Ramlall it has to be tested in the Supreme Court....Ramlall's supreme court ruling is not absolute (Juman discusses this also) and can be overturned by a similar (or higher)jurisdiction....the law is as it stands until it is overturned (nandalall and balroop like it or not), made from the high court bench...it has judicial gravity since it passed the test set by the arbitrator, the learned Justice...so why doesn't the PPP get the DPP appealing the case rather than the "DPP must reopen the case and request the magistrate to commit the accused"....put it to the test!! I hope the DDP in her wisdom commission Mr. Nandalall to represent her at appeal with my friend here, Balroop, co-counsel. The PPP is going to leave nandallal to hand and dry on this one....so much so for his unbridled asperations to be principla legal adviser to the government. I seem to recall this name as a ‘onetime’ magistrate in Guyana. What is this guy saying, eh??? The english language is alien to some, therefore a paucity in understanding and logical reasoning. Mr. Yassin clearly stated the decision by the magistrate is correct in law as applied to Guyana. He further went on to explain that where the proported confession statement is the only ‘evidence’ presented against the accuse and it is challenged as to its legal validity, the ruling of Justice Ramlall provides the magistrate with legal guidance on the question of law. That to test that ruling by Ramlall it has to be tested in the Supreme Court….Ramlall’s supreme court ruling is not absolute (Juman discusses this also) and can be overturned by a similar (or higher)jurisdiction….the law is as it stands until it is overturned (nandalall and balroop like it or not), made from the high court bench…it has judicial gravity since it passed the test set by the arbitrator, the learned Justice…so why doesn’t the PPP get the DPP appealing the case rather than the “DPP must reopen the case and request the magistrate to commit the accused”….put it to the test!! I hope the DDP in her wisdom commission Mr. Nandalall to represent her at appeal with my friend here, Balroop, co-counsel.

The PPP is going to leave nandallal to hand and dry on this one….so much so for his unbridled asperations to be principla legal adviser to the government.

]]> By: Brandon Samaroo (Dissent is the hightest form of patriotism) http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201123 Brandon Samaroo (Dissent is the hightest form of patriotism) Thu, 27 Aug 2009 16:08:03 +0000 http://www.stabroeknews.com/?p=55760#comment-201123 Hopefully Nandalall is busy somewhere helping those families who are looking for young Ricky Jainarine rather than coming on SN to reply. He and his lazy govt needs to get cracking. Hopefully Nandalall is busy somewhere helping those families who are looking for young Ricky Jainarine rather than coming on SN to reply.

He and his lazy govt needs to get cracking.

]]> By: Mohamed Z. Rahaman http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201103 Mohamed Z. Rahaman Thu, 27 Aug 2009 15:50:34 +0000 http://www.stabroeknews.com/?p=55760#comment-201103 When this discussion started, I said that I favoured K.A. Juman-Yassin just because of his experience. I am glad that I did. I concede that I know little about law, however Mr. Juman-Yassin makes this issue easy to understand and as a layman, I truly appreciate that. Mr. Anil Nandlall should now do the right thing and apologise to all. When this discussion started, I said that I favoured K.A. Juman-Yassin just because of his experience. I am glad that I did. I concede that I know little about law, however Mr. Juman-Yassin makes this issue easy to understand and as a layman, I truly appreciate that.

Mr. Anil Nandlall should now do the right thing and apologise to all.

]]> By: Haymant Balroop http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-201098 Haymant Balroop Thu, 27 Aug 2009 15:44:10 +0000 http://www.stabroeknews.com/?p=55760#comment-201098 A magistrate is a creature of statute with limited jurisdiction. In a Preliminary Inquiry a magistrate ought not to concern himself with the weight of evidence as suggested by Ramlall J in Mr Yassin's letter. He has to concern himself with whether the evidence is of such quality that a jury can adjudicate on it. The issue of sufficiency of evidence and the existence of triable issues have always been a question of law and not of fact. Whether a confession statement is voluntary or otherwise inadmissible in a case of murder is clearly a matter for the superior jurisdiction of the the High Court. The quality of ruling of a high court judge ought to be superior to that of a magistrate. The high court has supervisory jurisdiction over magistrates courts and the usurpation of the judge's function in committal proceedings is in excess of magistrate's powers and illegal. In cases of murder the Magistrate's failure to leave the issue of voluntariness or other grounds of objections of a confession statement to the judge has created a dangerous practice and the DPP ought to reference the matter to the Court of Appeal for correction. The DPP must reopen the case and request the magistrate to commit the accused. A magistrate is a creature of statute with limited jurisdiction. In a Preliminary Inquiry a magistrate ought not to concern himself with the weight of evidence as suggested by Ramlall J in Mr Yassin’s letter. He has to concern himself with whether the evidence is of such quality that a jury can adjudicate on it. The issue of sufficiency of evidence and the existence of triable issues have always been a question of law and not of fact. Whether a confession statement is voluntary or otherwise inadmissible in a case of murder is clearly a matter for the superior jurisdiction of the the High Court. The quality of ruling of a high court judge ought to be superior to that of a magistrate. The high court has supervisory jurisdiction over magistrates courts and the usurpation of the judge’s function in committal proceedings is in excess of magistrate’s powers and illegal. In cases of murder the Magistrate’s failure to leave the issue of voluntariness or other grounds of objections of a confession statement to the judge has created a dangerous practice and the DPP ought to reference the matter to the Court of Appeal for correction. The DPP must reopen the case and request the magistrate to commit the accused.

]]> By: evan thomas http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-200972 evan thomas Thu, 27 Aug 2009 13:04:49 +0000 http://www.stabroeknews.com/?p=55760#comment-200972 This discussion is quite illuminating. Many of us who are researchers would recognise that clarity in our hypothesis is very important and importantly an understanding of the the nature of the environment from which we draw generalizations to guide our method of investigation. Generalization is not evidence. A generalization becomes evidence if it passes the tests accorded a 'finding' as evidence ( I gave the example last time of generalization of relationships between and among variables in economic analysis). As I understand it, Justice Ramlall has identified the test where the proported confession statement is the only bit of 'generalization' available to the arm that is bound to prove the case, the prosecution, in the case of a PI. There is a bit of confusion here by Mr. Nandalall. Mr. Juman Yassin suggest that he is trying to save face which is in keeping with Juman's need to continue to show respect for his colleague as a legal professional. I would think otherwise and call a spade a spade. I have had many doses of Mr. Nandalall's 'cockeyed' legal opinions and political discussions listening to him way back on the television discussions hosted by Christopher Ram. This exchange should be a lesson to those who claim to be 'hot shots'in their respective professions. Those around the President's LCDS are getting away with 'murder'... Sasenarine Singh and Jannette Bulkhan are asking tough questions which are not being answered by the defenders of the LCDS. I have showed a colleague of mine who is a lawyer trained here in Canada and also holds a graduate degree in public policy administration. He is a director responsible for translating government policy into legislation, and for strategic, operational policy and standards development for our provincial justice system. His opinion is that Juman Yassin is correct in that English common law does not assume absolute status over the development of the development of domestic policy and that the whole notion that domestic policy and customs does not translate to law over a short period of time as Nandallal stated was quite erroneous. Law is policy and its 'prominence' as a legal 'instrument'can be accorded by judicial dispensation...you don't have to wait 'a hunderd years'. I asked him to contribute to the blog his legal opinion. His response was that he sense from Mr. Nandallal's tone in the his last letter where he was disrespectful to his senior colleagues pointing to an opionated lawyer who is mediocre at best. This discussion is quite illuminating. Many of us who are researchers would recognise that clarity in our hypothesis is very important and importantly an understanding of the the nature of the environment from which we draw generalizations to guide our method of investigation. Generalization is not evidence. A generalization becomes evidence if it passes the tests accorded a ‘finding’ as evidence ( I gave the example last time of generalization of relationships between and among variables in economic analysis). As I understand it, Justice Ramlall has identified the test where the proported confession statement is the only bit of ‘generalization’ available to the arm that is bound to prove the case, the prosecution, in the case of a PI.

There is a bit of confusion here by Mr. Nandalall. Mr. Juman Yassin suggest that he is trying to save face which is in keeping with Juman’s need to continue to show respect for his colleague as a legal professional. I would think otherwise and call a spade a spade. I have had many doses of Mr. Nandalall’s ‘cockeyed’ legal opinions and political discussions listening to him way back on the television discussions hosted by Christopher Ram. This exchange should be a lesson to those who claim to be ‘hot shots’in their respective professions. Those around the President’s LCDS are getting away with ‘murder’… Sasenarine Singh and Jannette Bulkhan are asking tough questions which are not being answered by the defenders of the LCDS.

I have showed a colleague of mine who is a lawyer trained here in Canada and also holds a graduate degree in public policy administration. He is a director responsible for translating government policy into legislation, and for strategic, operational policy and standards development for our provincial justice system. His opinion is that Juman Yassin is correct in that English common law does not assume absolute status over the development of the development of domestic policy and that the whole notion that domestic policy and customs does not translate to law over a short period of time as Nandallal stated was quite erroneous. Law is policy and its ‘prominence’ as a legal ‘instrument’can be accorded by judicial dispensation…you don’t have to wait ‘a hunderd years’.

I asked him to contribute to the blog his legal opinion. His response was that he sense from Mr. Nandallal’s tone in the his last letter where he was disrespectful to his senior colleagues pointing to an opionated lawyer who is mediocre at best.

]]> By: colin2nice http://www.stabroeknews.com/2009/letters/08/27/magistrates-are-bound-to-follow-the-decision-in-state-v-webber-until-it-is-overruled-by-a-higher-court/comment-page-1/#comment-200958 colin2nice Thu, 27 Aug 2009 12:41:43 +0000 http://www.stabroeknews.com/?p=55760#comment-200958 K.A. Juman-Yassin for AG anyone? Watch yaself my friend you too good for them. And Anil when you respond please do tell how/why you lost the Buddy's case. K.A. Juman-Yassin for AG anyone? Watch yaself my friend you too good for them. And Anil when you respond please do tell how/why you lost the Buddy’s case.

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