New magistrate for Panday retrial on London Bank Account case

Basdeo Panday will have a new magistrate for his retrial on charges of failing to declare a London Bank account to the Integrity Commission, for three consecutive years, while he was prime minister.

High Court Justice Judith Jones on Tuesday ordered Magistrate Ejenny Espinet to step down from presiding over Panday's case because of an apparent bias.

The judge ruled that given the circumstances surrounding the lawsuit brought against Espinet and the Office of the Director of Public Prosecutions (DPP), she was of the opinion that Panday was entitled to have his request of recusal upheld.

Panday had asked the court to force Espinet to step down as it could present an apparent bias since she was also the presiding magistrate in another criminal case against him.

"The key element here is that the evidence upon which the prosecution relies is the exact evidence that the magistrate has already adjudicated upon and had already determined was sufficient to commit the claimant to stand trial on other charges of corruption," the judge stated.

On October 22, Justice Vashiest Kokaram dismissed Panday's claim that Espinet was biased against him because of her ties to the People’s National Movement (PNM).

Read the story: Panday loses in court; Judge rules magistrate is not biased

In April 2006 Chief Magistrate Sherman McNicolls convicted Panday and sentenced him to two years in prison. Panday won the case on appeal with the Privy Council ruling that there was political interference. However the Law Lords also said Panday should face a retrial.