CASTRIES, St. Lucia, CMC:
THE JUDICIAL and Legal Services Commission said it terminated the services of a Guyana-born magistrate last month after he revoked a decision of the High Court, which ordered that travel documents of a non-national charged with drug offences be surrendered to the authorities.
First District Court Magistrate Horace Frazer had earlier said he was unaware why his appointment had been terminated.
But the Commission on Friday also cleared the St. Lucia Government of involvement in the decision to dismiss Frazer after some sections of the media had quoted local attorneys as indicating that there had been Government interference in the administration of the judiciary.
In a statement, the Commis-sion outlined the circumstances that led to the decision to dismiss Frazier.
It said that on September 10, 2003, Frazer attended a meeting with the chairman of the Commission, Chief Justice Sir Dennis Byron, Commission Member Justice Albert Redhead and Senior Magistrate Floreta Nicholas where he was informed of allegations of corruption being made against him.
"Magistrate Frazer interjected that he too had heard the complaints and that it had become very difficult for him to work as a result."
The Commission said that the meeting had been informed by the Chief Justice that he intended to ask a retired Judge, Odel Adams, to come to St. Lucia to investigate the allegations.
"Magistrate Frazer said he had no objection to Justice Adams whom he did not know. He promised to co-operate fully with anyone who was asked to investigate the matter."
The Commission said that three cases were brought to Justice Adams' attention for investigation.
In one of these cases, Judge Murray Shanks on May 9, 2003 granted bail to a non-national Herbert Lloyd Forbes, who had been charged along with another man with possession with intent to supply cocaine, possession of cocaine, and possession of ammunition.
"Justice Shanks granted bail subject to the condition that Forbes surrendered his passport to the Clerk of the First District Court. In addition Forbes was asked to report to the Gros Islet Police Station every Monday and Friday at 9 am."
"The records show that on the charge sheet relating to the defendant Forbes and in the handwriting of Magistrate Frazer were the following words, "travel documents of the defendant to be returned to him", a complete turn around of Justice Shanks' order."
"The clerk of the Court told the investigator that the Magistrate knew of the High Court condition requiring the surrender of Forbes' passport because he, Magistrate Frazer, was the one who raised the matter."
"Did this Magistrate not know he could not over-ride the Judge's decision as to bail?" asked Justice Adams in his report.
The Commission said that it was interesting to note that at the September 10, 2003 meeting "the Chief Justice raised the question of allegations against Magistrate Frazer, yet nine days later Magistrate Frazer revoked the Judges order".
