Acting Chief Justice Navindra Singh has overturned a decision by Magistrate Delon Bess to dismiss three charges against convicted fraudster Dave Rajeshwar Persaud.  

Magistrate Bess had dismissed the three criminal charges brought against Persaud in the Diamond Magistrates’ Court after the Prosecutors for the Special Organized Crime Unit (SOCU) were a no-show during the hearing of the case via zoom at the Leguan Magistrates’ Court.  

Unhappy with the ruling of the Court, SOCU filed Judicial Review proceedings in the High Court, and sought a number of declarations and an orders to quash the decision of Magistrate Bess on the basis that the Magistrate acted illegally, irrationally and arbitrarily when he dismissed the criminal charges against Persaud.

Granting the Judicial Review in favour of SOCU, the acting Chief Justice, ruled on Monday that Magistrate Bess’ decision to determine the matters in a different Magisterial district was wholly improper.

Acting Chief Justice Singh ordered that the decision by Magistrate Bess to dismiss the three criminal cases in the Diamond Magistrates’ Court, while sitting in the Leguan Magistrates’ Court be quashed.

He said at a minimum, the sitting Magistrate ought to have inquired from his Court assigned clerk about the absence of the Prosecution before dismissing the cases.

In a statement, SOCU explained that the Court-assigned Clerk had communicated the wrong date and time to the SOCU Prosecutors.

It was explained that the Prosecutors were told by the Clerk that the cases were adjourned to June 27, 2025 at 9:00am, and not May 29, 2025.

According to SOCU, it was not until June 27, 2025 that the Prosecutors were informed that the cases were dismissed since May 29 in their absence.

“They received a WhatsApp message from the Court-assigned clerk of the Diamond Magistrates’ Court requesting that an adjournment date be suggested by the Prosecution since Magistrate Bess was scheduled to sit at the Leguan Magistrate Court instead of the Diamond Magistrate Court on that date. SOCU prosecutors suggested June 27, 2025, as an alternative date for the continuation of trial and the Court-assigned Clerk agreed,” it explained.

It was not until they inquired about the three cases that the Prosecutors were reportedly told that Magistrate Bess had joined the Diamond Court’s Zoom online account while sitting at Leguan Magistrates’ Court.

Head of the Special Organised Crime Unit (SOCU), Deputy Commissioner Fazil Karimbaksh, said it was unfortunate that SOCU had to resort to Court action to ensure compliance of the Magistrate since Magistrates are creatures of statutes and cannot arbitrarily and without jurisdiction make pronouncements which are contrary to the law and rules governing the administration of justice.

SOCU was represented by Attorney-at-Law, David Braithwaite.

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