SUBMISSIONS that the State re-laying assault charges against A&V Oil and Gas Limited CEO Haniff Nazim Baksh and his son-in-law, are vexatious and an abuse of process, have been made by Ramesh Lawrence Maharaj, SC.
The former Attorney General made the submission in writing to senior magistrate Margaret Alert in the Siparia magistrates’ court. The State contends since there was no complete adjudication of the matter, it cannot amount to abuse of the process.
Baksh and Billy Ramsundar returned to court on Thursday before Alert.
They are charged with a journalist and malicious damage to his glasses, on September 15, 2017. Both are charged jointly with damaging the journalist’scamera.
With the State’s inability to get the case off the ground, after repeated adjournments, Alert dismissed the charges last month. She said that there was no good reason for the prosecution to be allowed further adjournments. On instructions from the office of the Director of Public Prosecutions, the charges were re-layed against the two. On September 15, Baksh and Ramsundar reappeared in court.
Directions were given for filing of legal submissions on Maharaj’s objection and the prosecution’s reply. State attorney Sabrina Dougdeen-Jaglal is prosecuting.
Maharaj has submitted that to continue the prosecution of the two, the charges having been dismissed, amounts to an abuse of process of the court.
Dougdeen-Jaglal countered that there was no abuse, because there was not a full and valid hearing of the charges before they were dismissed.
Alert said she will have her decision ready on November 6.
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