Chief Magistrate to hear all COVID cases

As of today, only one judicial officer in the magistrates’ court will be hearing matters stemming from the Emergency Management (Covid-19) Curfew No 3 Directive, 2020.

Sitting in the District ‘A’ Magistrates’ Court today Chief Magistrate Ian Weekes, who began his two-day rotation in that court, disclosed that he had been “mandated” to hear all Covid-related matters going forward.”

The revelation came as he dealt with two such cases this morning. “As of today I am the only one doing Covid cases,” he said adding that the directive had come from Chief Justice Sir Marston Gibson.

The development also came on the heels of concerns raised by prominent attorney-at-law Arthur Holder on the issue of jurisdiction for magistrates as it relates to recent taking of guilty pleas and hearing matters out of their jurisdictions.

Speaking yesterday after representing a client – in the District ‘A’ Magistrates’ Court – Holder asked to be shown the Act that “clothes” a district magistrate with jurisdiction to hear island-wide cases.

“There is a practice direction which gives magistrates’ jurisdiction for a Saturday and a Saturday only, so it clothes the magistrate with island-wide jurisdiction on a Saturday. That is simplistic, that is understood.

“But in the midst of this Covid-19 (pandemic) apparently different magistrates are coming to sit every two days. So, I have raised the issue as it relates to their  jurisdiction to take guilty pleas,” the defence lawyer said.

He added that, “Only the Chief Magistrate is clothed, he is vested with island-wide jurisdiction. He is empowered in law.”

Holder’s legal colleague, defence attorney Verla DePeiza agreed. She told Barbados TODAY magistrates are creatures of statue and as such have to get their jurisdiction from a legal document.

“The principal document the Magistrates’ Court Act actually states jurisdictions for each district geographically. Saturday court is governed by a practice direction and the courts as they are sitting now in other days besides Saturdays should be covered by some practice direction and has not been.

“I see that the Chief Magistrate is here today which is correct until that matter has been rectified,” she added.

On the matters where persons were sentenced Arthur had explained that if there was in fact no jurisdiction for magistrates to hear the cases then those matters had to be voided.

He stated; “If a magistrate is not clothed with jurisdiction then, it is absolutely null and void. Ab initio, from the beginning, they will have to be void.

“If you can show me a Practice Direction from the Chief Justice clothing magistrates’ with this jurisdiction, then case closed.”

However, DePeiza said there was a simple solution to that situation if that was the case.

“There is the possibility of writing legislation in such a way that it covers matters that have gone before, we call it retroactive legislation,” she explained adding that was what was needed to be done in this case.