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alexk
Guest
A High Court judge yesterday expressed concern about a magistrate’s decision to charge a La Brea man with contempt of court and jail him for 14 days because he clicked his fingers twice in court.
“The right to freedom is such an important right of a citizen. No one in judicial authority should treat with it lightly,” commented Justice Frank Seepersad as the constitutional motion filed by the man, Yaw Forson, came up before him in the San Fernando Civil Court.
“We may all have bad days,” said the judge, before adding that “a judicial officer cannot allow that to affect his or her sentencing approach and the fundamental rights of citizens cannot be viewed dismissively.”
The judge said judicial discretion must not be discharged in a manner that is arbitrary and whimsical.
While the magistrate probably acted in haste, Seepersad said, “Improper exercise of judicial discretion can have detrimental consequences to the public’s regard for the administration of justice.”
Forson, 26, is contending that the magistrate’s decision was unconstitutional, illegal and infringed his rights and liberties. He is also seeking damages and costs.
In his affidavit, Forson, a tile layer, said on June 23, 2014, Magistrate Rajendra Rambachan stood down his matter in the Point Fortin Magistrate’s Court because the police complainant and Forson’s attorney were late. He said he was disappointed with the delay and anxious to get the matter out of the way before the birth of his baby, which was expected in two weeks.
“At the moment I was exiting the court room I clicked my fingers twice. The magistrate then ordered me back and began questioning me about what I did. His Worship then had me sentenced to 14 days in prison for contempt of court.”
Forson said he tried to explain what he did and show that he meant no disrespect, but he was not given a fair chance to do so.
Forson said he was handcuffed, placed in a cell in the Point Fortin Police Station and then taken to Golden Grove Prison, where he was stripped searched in front of prisoners and prison officers. He said he was placed in a disgusting, dark, cramped, urine and faeces-smelling cell and the next day he was taken to Port-of-Spain prison. He said he was stripped searched again and placed in nasty cell which he shared with about five or six men.
“We had one pail and one bed.
The pail was outside the cell and we had to pee through the bars into the bucket. Sometimes we urinated in bottles and throw it in the drain outside the cell. We had newspapers to spread on the floor to defecate, which we would push throw the bars and leave by the drain as well,” Forson recalled.
He said sometimes he awoke to the screams of prisoners and at night cockroaches and rats would be running everywhere. He said two days after he was released from jail, his wife gave birth to his child. The judge said he was concerned about what transpired, but he was also concerned about the delay in filing the constitutional motion. The judge ordered the attorneys representing the magistrate to file their response to the claim by June 11 and the defence to reply for June 28.
Forson is being represented by attorney Ted Roopnarine while Rondelle Hinds is representing the state. The matter was adjourned to July 11.