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by pltm
(PLTM) - The Magistrate’s Court has denied an application made by Defense Attorney Marlon Gordon on March 16, which spoke to Senior Magistrate Tamia Richards recusing herself from an ongoing matter.
Magistrate Richards responded to the application yesterday, March 23 at the Magistrate’s Court.
Gordon, who is representing David Straker, 45, Donald George, 44, and Lindon Chiverton, 30, in a matter where the men are facing a charge of possession of 86.30 kilograms of cocaine, stated that the court was not allowing him to speak, adding that Magistrate Richards was impartial towards him and his clients, and that he was not being given an equal chance in the matter.
As previously reported by BVI Platinum News, Gordon told the Magistrate in an earlier appearance, “I don’t think I can get a good hearing before you.”
In the court’s response to the application, the Magistrate stated that in no way she thought she acted bias, noting that judges and magistrates have a right to criticize parties on their actions in the court.
She stated that she has no belief that she cannot give a fair hearing to the matter, or that she was partial or impartial to any party.
“Your application seeking my recusal is without merit.”
In words of advice, the Magistrate stated that it is imperative for members of the legal fraternity to uphold the law to the highest standard of the system, respecting their clients, the court and themselves.
“I will not condone bad behavior in the court,” the Magistrate said.
Meanwhile, Gordon expressed to the court that he intends to challenge her decision.
The matter will resume on March 31st for report, when the defense will inform the court how long they would need to ready themselves, following disclosures being made by the Crown.
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