Panday loses in court; Judge rules magistrate is not biased

A high court judge ruled Thursday against former Prime Minister Basdeo Panday, who had asked the court to declare that Magistrate Ejenny Espinet is biased against him because of her alleged close connections with the People's National Movement (PNM).

The magistrate has been presiding in a corruption case involving Panday.

The Leader of the Opposition, and his wife Oma, are charged with accepting a bribe of 25,000 pounds sterling from businessmen, Ishwar Galbaransingh and Carlos John.

Panday's lawyer, Ravi Rajcoomar, hinted at an appeal and said Panday would seek a stay of the bribery case pending the outcome of the appeal. The preliminary inquiry before Espinet is not expected to come up before next January.

In his ruling Justice Vasheist Kokaram said Panday had brought nothing to court to that would lead "a well-informed observer" to conclude that because Espinet’s father was a former PNM Government Minister, she would not act fairly in the case against Panday.

Panday's argument before the court was that that "the blood of the PNM courses through the veins of the magistrate." That conclusion, his lawyers said, was based on the fact Espinet’s father, Alexander Chamberlain Alexis, was a former PNM Minister in the Government of Dr Eric Williams.

Panday also contended that Espinet was a trustee and treasurer of the Morris Marshall Foundation in Laventille, which he said is aligned to the PNM.

The judge disagreed with Panday's submission and said the well-informed observer would want to know how it was that that magistrate was "enjoined in a political battle" against Panday.

"How is this magistrate, given her associations as we now know, unable to professionally judge the committal proceedings impartially? The web of links is tenuous," the judge said.

"Here, the balance between confidence in the Judiciary and the perception of a fair trial will meet its waterloo, if the well-informed observer is hasty in his deliberations.

"A civilised society must not be quick to draw irrational or hasty conclusions. Restraint rather than swift condemnation is the hallmark of mature deliberation," he added.

Kokaram still has to decide on the matter of costs. He has adjourned the issue until Tuesday.

Panday still faces a retrial on charges of failing to declare his London Natwest account to the Integrity Commission from 1997 to 1999. The original conviction against Panday was thrown out on the basis of political interference.