WHEN  the certiorari proceedings, calling  on a magistrate  to quash her decision not to issue an arrest warrant  for the arrest of Barry Dataram in relation  to a request for extradition to the USA , was resumed yesterday,  both parties  decided  to  make submissions to the court on May 28. Justice Roxanne George adjourned the hearing to that date when Attorney-at-Law, Mr. Anil Nandlall representing the Applicant Assistant Commissioner Seelall Persaud and lawyers Vic Puran and Glenn Hanoman appearing for the added respondent Dataram  turned up for the hearing.
Firstly, the applicant requested seven days to allow for written submissions.
Dataram’s lawyers made similar requests. The requests were ranted and the matter was set for May 28 at 09:00 hours.
The case is a result of an application by Seelall Persaud to quash the decision of the magistrate not to issue a warrant for detention for his extradition as well as to compel her to issue a warrant.
Dataram’s lawyers are contending that when a matter before the court is ill conceived and procedurally improper, appeals from the decision of the magistrate are to be taken before the Full Court of the High Colurt and that the Prerogative writ by the applicant is inappropriate in the circumstances.
The Attorney General represented by Mr. Nareshwar Harnanan, Senior Legal Advise, representing the magistrate, is contending that the affidavit filed by the magistrate in answer, was a correct one and should not be interfered with.
Mr.  Nandlall, representing Seelall Pesaud is contending  that the magistrate had a legall duty to issue a warrant and that she failed to do so.
In the meantime Dataram is on a $100, 000.00 bail.
The hearing is continuing. (GEORGE BARCLAY)