A SAN FERNANDO man accused of beheading a mother and her son in 2010 has been granted leave by a High Court judge to file a judicial review claim challenging the decision of the deputy Chief Magistrate’s failure to provide his reasons for committing him to stand trial as well as overruling a no-case submission made on his behalf by his attorney. Justice James Aboud, presiding over the ex-parte application brought by Shahzaad Rajack, yesterday granted the prisoner leave on the condition that he makes his claim for judicial review within 14 days. Rajack, 26, of Bertrand Street, San Fernando, was charged along with Anton Goodridge for the murder of Dianne Williams and her ten-year-old son Shaquille Morgan, between July 17 and June 21. Their headless and mutilated bodies were found in garbage bags at Forres Park dump, Claxton Bay. The preliminary inquiry into the two murders proceeded by means of a paper committal and was completed in September 2014 when Wellington overruled a no-case submission and committed them to stand trial. According to Rajack’s attorneys Jagdeo Singh, Gerald Ramdeen and Saira Lachkan, several requests were made to Wellington to provide the reasons for over-ruling the no-case submission as well as finding that the prosecution made out a prima facie case against him. He contends that the deputy Chief Magistrate had a duty under statute and common law to give the reasons in the exercise of his judicial powers and wants an order compelling the magistrate provide same. Rajack also wants the court to declare that he is entitled to the deputy Chief Magistrates reasons and that his failure to provide same was illegal, unreasonable and procedurally unfair. Rajack will not be seeking damages in his claim. The case has been adjourned to January 26, when a case management conference will be held.
Posted on: Fri, 19 Dec 2014 14:41:51 +0000
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