Chief Magistrate Marcia Ayers-Caesar yesterday agreed to step aside from hearing the preliminary inquiry against former LifeSport co-ordinator Rajaee Ali and five others after both the State and defence requested that she do so.
Ali, his brother Ishmael Ali, Keshon Dempster, Brandon Borneo, Brent LaCroix and Donna Dyer are all accused of conspiring to murder radio DJ Kevaughn "Lerbz" Savory on November 27 last year in Port of Spain.
Rajaee Ali alone is charged with being a gang leader, while the others are accused of being members of a gang and possession of arms and ammunition.
On January 18, Ali's attorney Criston Williams submitted to Deputy Chief Magistrate Mark Wellington that Ayers-Caesar ought to recuse herself on the basis of apparent bias. Williams then argued that the Chief Magistrate was being guarded by officers attached to the Criminal Gang and Intelligence Unit (CGIU), the same unit that arrested his clients.
Yesterday was the State's opportunity to respond to the request by Williams. Deputy Director of Public Prosecutions George Busby told the Chief Magistrate that he was not in favour of the submissions of Williams, given that Williams lacked any evidence to support his claim. He added that he did not want to be hampered in any way from calling witnesses in the matter and since some of the security detail may be used as witnesses, he thought it prudent that Ayers-Caesar step aside.
"There are peculiar facts to this case...he (Williams) can't know who are my witnesses. Bottom line is I agree that you should seriously consider recusing yourself," Busby submitted.
Following the submission, the Chief Magistrate took a few moments and scrolled through her calender before saying she had no choice but to recuse herself given that both sides for different reasons wanted her to do so.
She also requested at least two weeks to source a new magistrate to hear the evidence before adjourning the matter to April 28.Chief Magistrate Marcia Ayers-Caesar yesterday agreed to step aside from hearing the preliminary inquiry against former LifeSport co-ordinator Rajaee Ali and five others after both the State and defence requested that she do so.
Ali, his brother Ishmael Ali, Keshon Dempster, Brandon Borneo, Brent LaCroix and Donna Dyer are all accused of conspiring to murder radio DJ Kevaughn "Lerbz" Savory on November 27 last year in Port of Spain.
Rajaee Ali alone is charged with being a gang leader, while the others are accused of being members of a gang and possession of arms and ammunition.
On January 18, Ali's attorney Criston Williams submitted to Deputy Chief Magistrate Mark Wellington that Ayers-Caesar ought to recuse herself on the basis of apparent bias. Williams then argued that the Chief Magistrate was being guarded by officers attached to the Criminal Gang and Intelligence Unit (CGIU), the same unit that arrested his clients.
Yesterday was the State's opportunity to respond to the request by Williams. Deputy Director of Public Prosecutions George Busby told the Chief Magistrate that he was not in favour of the submissions of Williams, given that Williams lacked any evidence to support his claim. He added that he did not want to be hampered in any way from calling witnesses in the matter and since some of the security detail may be used as witnesses, he thought it prudent that Ayers-Caesar step aside.
"There are peculiar facts to this case...he (Williams) can't know who are my witnesses. Bottom line is I agree that you should seriously consider recusing yourself," Busby submitted.
Following the submission, the Chief Magistrate took a few moments and scrolled through her calender before saying she had no choice but to recuse herself given that both sides for different reasons wanted her to do so.
She also requested at least two weeks to source a new magistrate to hear the evidence before adjourning the matter to April 28.