-Chancellor Singh
Chancellor of the Judiciary (ag) Justice Carl Singh says a final decision on the fate of Magistrate Gordon Gilhuys could be made the next time the Judicial Service Commis-sion (JSC) convenes but he pointed out that there are still some unresolved issues.
Speaking with Stabroek News yesterday on the June 26 shooting incident involving Magistrate Gilhuys and a policeman, he said, that the JSC is not unaware of the view being ventilated publicly that a person who is accused should not be allowed to dispense justice, adding that it is a view the commission is likely to take on board in its deliberations.
“There might be something to be said for that view”, the Chancellor stated.
With respect to whether the actions of Magistrate Gilhuys have brought the JSC and by extension the judiciary into disrepute with his recent actions, he said, that the view is not an accurate one.
“I don’t think it is correct for anyone to say that Magistrate Gilhuys has brought the JSC into disrepute for Magistrate Gilhuys’ action will affect Magistrate Gilhuys. When he was appointed a Magistrate by JSC he didn’t have all these issues affecting him and the commission would have appointed him based on the facts and matters that were before the commission at the time”, the Chancellor said.
Gilhuys has been off the bench for almost four months since being involved in a shooting incident with a member of the police force and though the Chancellor was not keen on saying what his fate might be, this newspaper was told that the JSC is leaning towards demoting Magistrate Gilhuys, reportedly to the deputy registrar’s office at the Supreme Court Registry. The move is said to have been proposed because of concerns about how Magistrate Gilhuys’ return to the magistracy would affect the image of judiciary.
But according to sources there is a major issue with respect to the cases that Magistrate Gilhuys has left unfinished. There are reported disagreements about whether Magistrate Gilhuys should be allowed to return to the bench to finish outstanding cases or whether they should be transferred to another magistrate.
Earlier this week, in a separate matter, Magistrate Gilhuys appeared at the Georgetown Magistrate’s Court and pleaded not guilty to the charges of careless driving, being an unlicensed driver, failure to produce a driver’s licence, having an uninsured motor vehicle, having an uncertified motor vehicle and having an unlicensed motor vehicle. He was released on self-bail by Acting Chief Magistrate Melissa Robertson.
On June 26, Corporal Mark George and his colleagues were on patrol on Woolford Avenue when they noticed a vehicle with tinted windows parked on the roadway. The policemen made checks and an argument ensued between them and the driver, who was later identified as Magistrate Gilhuys. It was claimed that the magistrate opened fire, and an exchange ensued during which George was hit. Magistrate Gilhuys has maintained that he was fired upon first and that he returned fire.
Pending the investigation into the matter, Magistrate Gilhuys proceeded on annual leave. Director of Public Prosecutions Shalimar Ali-Hack has since recommended that no charges be laid against Magistrate Gilhuys, owing in part to deficient police statements on the incident.
