JUSTICE Diane Insanally has granted an Order Nisi of Certiorari, directing Magistrate Adela Nagamootoo to show cause why her decision, to commit Mukhtaar Ali to stand trial for rape, should not be quashed on the grounds that the committal is null, void, unlawful and unconstitutional.
The service and notice of the motion with affidavit in support is to also be served on the Director of Public Prosecutions (DPP).
According to Court documents, the magistrate committed the applicant for High Court trial under the provision of part of the said Act Number 7 of 2010.
Ali, through his counsel, Mr. Mursalene Bacchus, contended that the committal on August 13, 2012, is null, void, no legal effect and contrary to his fundamental rights under Article 144 [2] [e] of the Constitution of the Republic of Guyana.
Consequently, the Sexual Offences Act Number 7 of 2010, which purports to give jurisdiction and power to the magistrate to commit Ali for trial, is unconstitutional and of no legal effect.
Ali, a cane harvester and a married father of two, of Adelphi Village, East Canje, is accused of having engaged in sexual penetration of a girl, aged 15, between October 1 and 31, 2011 at Lot 94 Glasgow Village, East Bank Berbice.
On August 22 last, Justice James Bovell-Drakes discharged school teacher Ronald Forde, who had faced four indictments which stemmed from allegations that he had penetrative sex with a student of Fort Wellington Secondary School.
That ruling was based on the precedent set by Acting Chief Justice Ian Chang on August 10 following a referral from Acting Chief Magistrate Priya Sewnarine-Beharry who had asked whether an accused could be lawfully committed pursuant to the provision of a paper committal under the Sexual Offences Act Number 7 of 2010, without having been given an opportunity to be heard.