I AM a tourist visiting your beautiful country for the first time. I am from Eau Claire, Wisconsin, USA. On Friday July 20, I accompanied a friend of mine to the Georgetown Magistrate’s court (3), where the honourable Judy Latchmansingh was presiding. While waiting for our case to be called, my interest was drawn to another case which raised a number of questions in my mind.
Kindly allow me to outline my concerns which have created great doubts in my mind, as to whether or not some citizens are given a fair and just trial, as this relates to your judicial system.

The case in question is the case of Simone De Nobrega. When the case was called, however, it was reported to the magistrate that the defendant was not present.
The magistrate announced that she would proceed ex parte (a legal proceeding brought by one party in the absence of and without representation or notification of the other party).

What caught my attention was when the prosecution made an application for the magistrate to make her decision after the medical certificate that Simone De Nobrega had tendered was expired that day.
I learnt, later, that the actual date of expiration was, July 26, 2012. That application was denied by the magistrate. At that point the defendant’s lawyer stood up to plead her case, saying his client had not been given the opportunity to even lead her defence.

Based on the fact that the medical certificate that was tendered on the previous occasion, his application was still denied, and the honourable magistrate proceeded to hand down a sentence of 48 months to the defendant.

Such a move by the magistrate has left me to wonder, if citizens of Guyana are given a fair and just trial? What happens if a defendant cannot afford to seek counsel?
Does he/she get a free appeal by the state? Where I have come from, this would not happen. Any such judge would be debarred immediately.

If a decision had ever been made I do not know all the details of the Simone De Nobrega case but, from what I witnessed, I was appalled at the fact she was not given a fair and just trial.

I have to wonder if the honourable magistrate really has a clear understanding of the legal term ex parte.