Acting Chief Justice (ag) Navindra Singh on Monday, ruled in favour of the Special Organised Crime Unit (SOCU), overturning a decision by Magistrate Delon Bess to dismiss three criminal charges against convicted fraudster, Dave Rajeshwar Persaud.
The ruling came after SOCU successfully sought judicial review orders and constitutional relief, arguing that Magistrate Bess acted unlawfully when he dismissed the cases in the Diamond Magistrate’s Court while presiding instead at the Leguan Magistrate’s Court.
According to court documents, the matters were scheduled for May 29, 2025, at Diamond. However, SOCU prosecutors said they were contacted early that morning by the court-assigned clerk, who requested an adjournment date since Magistrate Bess was due to sit at Leguan. The prosecutors proposed June 27, 2025, and the clerk confirmed.
Despite this, Magistrate Bess reportedly joined the Diamond Court’s Zoom session from Leguan on May 29, with Persaud appearing virtually from Lusignan Prison. Finding no SOCU representative on the call, Bess dismissed all three matters.
SOCU prosecutors later attended the Diamond Court on June 27, waiting more than three hours before being told of the dismissals. The agency subsequently filed judicial review proceedings, contending that the magistrate’s decision was illegal, irrational, and a breach of natural justice.
Justice Singh agreed, ruling that Bess acted improperly by handling Diamond Court matters while sitting in another jurisdiction and failing to verify with his clerk the prosecution’s absence. The High Court ordered that the dismissals be quashed.
SOCU was represented by Prosecutor David Brathwaite.
