Magistrate says no basis to recuse herself from hearing Freddie Kissoon assault trial

Tensions rose yesterday during the trial of the men charged with dousing newspaper columnist and activist Freddie Kissoon with faeces after the complainant requested that the trial magistrate excuse herself from hearing the case.

PPP members Kwame McCoy and Jason Abdulla as well as former bodyguard Shawn Hinds are on trial before Magistrate Judy Latchman for assaulting Kissoon, whom they are accused of dousing with human faeces during an attack in 2010.

When the trial continued yesterday, Kissoon took to the witness stand once more to be cross-examined by defence attorney George Thomas.

However, before the attorney asked any question, Kissoon questioned the magistrate in relation to a letter that he sent to the court.

Magistrate Latchman’s response to the question was that she was in receipt of it and she requested that Prosecutor Kerry Bostwick show same to Thomas and fellow defence attorney Euclin Gomes.

Although the general content of the letter was not read during the hearing, it is understood that Kissoon has written to the Judicial Service Commission (JSC) to indicate his discomfort about the magistrate’s handling of the case. He asked the magistrate yesterday to recuse herself from hearing the matter because of his discomfort.

In response, the magistrate stated that his letter does not form a basis for her to excuse herself and that unless an instruction is received from a superior, she would proceed with the six year-old matter.

This response did not sit well with Kissoon, who stated that if the court waited six years to commence the matter, it could wait a few weeks for a hearing from the JSC.

Kissoon, despite his clear annoyance, stated that once the prosecution was prepared to continue with the matter, he would proceed as well as he is a state witness.

Attorney Thomas cross-examined Kissoon, who, in response to being asked whether he was able to see his attacker after the substance was thrown, stated that he saw his attacker when he came to the window of his car and the substance was thrown.

When questioned about proof apart from his statement and his testimony in court about the throwing of the substance, Kissoon stated that he has no proof of the substance being thrown but does recall that the National Communications Network (NCN) had broadcast a report about the attack.

He further stated that he recalled seeing a television programme where Shawn Hinds was recorded as saying that he knew who threw the substance.

Magistrate Latchman later adjourned the matter to September 9.