See full statement from the Special Organised Crime Unit:
Acting Chief Justice (ag), Justice Navindra Singh on Monday, September 8, 2025, granted judicial review orders for constitutional relief to the Special Organised Crime Unit (SOCU) including declarations and an order of certiorari, quashing the decision of His Worship, Magistrate Delon Bess, after Magistrate Bess whilst presiding at Leguan Magistrate Court dismissed three (3) criminal matters in the Diamond Magistrate Court against convicted fraudster, Dave Rajeshwar Persaud, even though his Court-assigned Clerk, had communicated and/or informed SOCU Prosecutors that said matters were adjourned to June 27, 2025 at 9:00 am.
SOCU prosecutors recounted that on the morning of Thursday, May 29, 2025, at 6:39 am, they received a WhatsApp message from the Court-assigned clerk of the Diamond Magistrate’s Court requesting that an adjournment date be suggested by the prosecution since Magistrate Bess was scheduled to sit at the Leguan Magistrate Court instead of the Diamond Magistrate Court on that date. SOCU prosecutors suggested June 27, 2025, as an alternative date for the continuation of trial and the Court-assigned Clerk agreed.
On Friday, June 27, 2025, at around 12:20 hr, SOCU prosecutors related that after sitting for more than three (3) hours for the matters to be called in the Diamond Magistrate Court, they enquired about the status of the matters. It was at that time that they were informed by Magistrate Bess that on the morning of May 29, 2025, Magistrate Bess had joined the Diamond Court Zoom whilst sitting at Leguan Magistrate Court to deal with the matters of Dave Rajeshwar Persaud, who was present on the Zoom platform from Lusignan prison, but that there was no representative of SOCU on the Zoom platform. Accordingly, Magistrate Bess dismissed the matters.
SOCU filed Judicial Review proceedings in the High Court seeking several declarations and an Order of certiorari, quashing the decision of His Worship, Magistrate Delon Bess on the basis that the Learned Magistrate acted illegally, irrationally, arbitrarily, exercised his discretion wrongly, failed to satisfy or observe conditions or procedures required by law and breached the principles of natural justice by dismissing the criminal charges.
Acting Chief Justice Navindra Singh found that the Learned Magistrate’s decision to determine the matters in a different magisterial district was wholly improper and that, in any regard, the sitting magistrate, at minimum, ought to have enquired from his court-assigned clerk about the absence of the Prosecution before dismissing the matters.
Consequently, the Court granted SOCU’s application for judicial review and ordered that Magistrate Delon Bess’ decision to dismiss the three (3) criminal matters in the Diamond Magistrate Court whilst sitting in the Leguan Magistrate Court be quashed. SOCU was represented by Attorney-at-Law and Prosecutor, Mr. David Brathwaite.
The head of the Special Organised Crime Unit (SOCU), Deputy Commissioner Fazil Karimbaksh emphasise that it is unfortunate that SOCU had to resort to court action to ensure compliance of the Magistrate since Magistrates are creatures of statue and cannot arbitrary and without jurisdiction make pronouncements which are contrary to the law and rules governing the administration of justice.
He also indicated that state agencies are accountable to the public in the administration of justice, since justice must not only be done but it must appeared to have been done, not only on the part of an accused person but on the part of the victim also.
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