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Beitragvon yueyrt1pb1 » Mo Okt 16, 2017 18:17

In response to the writ of certiorari and prohibition granted by Justice William Ramlall against Chief Magistrate (a.g) Melissa Robertson-Ogle in relation to her granting bail,Cheap Jerseys Online, former army lieutenant,Cheap China Jerseys, Oliver Hinckson has petitioned the court for several orders.Hinckson is seeking an order granting him leave to intervene in the motion filed by Detective Corporal Suraj Singh who secured an Order Nisi directed to the Chief Magistrate for her to justify granting bail to the former army officer.He is also seeking an order setting aside the orders nisi of prohibition and certiorari granted directed to Magistrate Melissa Robertson-Ogle.Hinckson was granted $1M bail on Friday last by the Acting Chief Magistrate after being incarcerated for more than four months.Detective Corporal Suraj Singh moved to the High Court on Monday and obtained an Order Nisi of Certiorari directed to Magistrate Robertson-Ogle and Director of Prisons, Dale Erskine.Corporal Singh had made an application for a writ of certiorari to bring up and quash the decision of the Chief Magistrate on the ground that she erred and acted in excess of her jurisdiction when a bail application relating to the same matter was also engaging the attention of Chief Justice Ian Chang.Hinckson,Cheap Jerseys NFL China, in his affidavit which was filed yesterday, claimed that he is advised by his attorney and verily believes that the direct consequence of the grant of the orders nisi of prohibition and certiorari of Justice Ramlall is his continued imprisonment.It added that he has a direct interest in the aforementioned application as a party directly affected by the orders made by Justice Ramlal and that he has a right to intervene in the said proceedings filed by the Suraj Singh.“I am advised by my Attorney at law and verily believe that the Learned Magistrate always has jurisdiction to hear and determine any criminal cause of matter which is before her,” Hinckson stated in his affidavit.According to Hinckson, the fact that a bail petition has been filed in the High Court does not remove and or suspend the jurisdiction of the Magistrate to hear and determine a bail application which is before her save and except in circumstances where she is precluded by statute from considering an application for bail.The Affidavit also stated that the Chief Justice refused to admit the applicant to bail for the offence of advocating terrorism and adjourned the matter to August 11, 2008 for a report on the conduct of the prosecution.“I am advised by my attorney-at-law and verily believe that the facts which the Learned Magistrate took into consideration before the grant of bail were new facts which were not before the Chief Justice and upon which she exercised her own deliberate judgment after having been appraised of the decision of the Chief Justice.”Hinckson contends that the application of Suraj Singh is misconceived and bad in law and that the order nisi granted ought properly to be discharged.On July 4,Wholesale China Jerseys, Hinckson’s matters were transferred to from Court 2 to Court 1 of the Georgetown Magistrates’ Court for Friday.On Friday, when the matter was called before Magistrate Robertson-Ogle, Hinckson’s lawyers argued that it was unlawful for the matter to be transferred to that court and to be presided over by the Principal Magistrate, having already been started in another court.Defence Counsel Vic Puran, who led the defence team, told the Magistrate that it is unlawful and a grave injustice for the matter to be transferred.Puran argued that the matter has been substantially part heard by Magistrate Gordon Gilhuys and it would be unfair for another magistrate to preside over the matter.It was further noted by Hinckson’s attorney that the transfer was not done on a court date assigned to the accused.No hearing was afforded to the accused; no reason was given for the transfer and further,NFL Jerseys Supply, Mr. Gilhuys is still the sitting magistrate, the defence argued.“This court cannot usurp trial over Mr. Hinckson,Cheap NFL Jerseys, unless this court is satisfied that he is properly before you (the court),” Puran argued.He further pointed out that the fact that the case has taken the course it has means the state is unable to proceed.After listening to the arguments, Magistrate Robertson-Ogle said the matter will be called again on July 24.To date Hinckson’s defence team has managed to secure bail for the offences for which he is currently before the court.For the arms and ammunition charge Hinckson was granted bail to the tune of $85,000, and for the sedition charge he was granted $100,000 bail.

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