While initially deciding to recuse herself, City Magistrate Leron Daly will now move ahead with hearing the case of Police Detective Dion Bascom, who is accused of cyberbullying two senior police officers.
Earlier on Tuesday, Magistrate Daly had recused herself from presiding over the case following a “strongly worded” letter from the Director of Public Prosecutions (DPP) Shalimar Ali-Hack.
Just over two weeks ago, the DPP wrote to the Chancellor of the Judiciary (ag) Yonette Cummings-Edwards for Magistrate Daly to be removed from presiding over the case.
The DPP stated that although the Magistrate does not have a personal interest in the case, based on her conduct, she should recuse herself.
The Senior Magistrate said that she is inclined to recuse herself and transferred the case to Chief Magistrate Ann McLennan for reassignment.
However, the Chief Magistrate said that insufficient grounds were raised for the Magistrate to be removed from the case.
Additionally, the Chief Magistrate said that she received no instructions from the Chancellor for the Magistrate to be removed.
The case was transferred back to Magistrate Daly for assignment.
Given this development, Magistrate Daly then set February 20, 2023 for the commencement of trial into the case. The state is represented by Police Legal Advisor Mandel Moore.
Bascom’s attorney, Nigel Hughes had singled his intentions to move to the High Court and filed a motion since his client’s right to a fair trial, which is guaranteed by the constitution, was breached.
Bascom is currently out on $300,000 bail for allegedly harassing two of his senior colleagues online by accusing them of ‘covering up’ the murder of Fagundes.
Last month Bascom, 33, appeared before Chief Magistrate Ann McLennan on three cybercrime-related charges.
The charges alleged that Bascom during August used a computer system to transmit electronic data with the intent to humiliate, harass or cause substantial emotional distress to Superintendents Mitchell Ceasar and Chabinauth Singh.
On August 08, Bascom was among five persons arrested by the Customs Anti Narcotic Unit (CANU) after three pounds of cocaine were found in a Norton Street, Georgetown, residence.
Though arrested, Bascom was not charged and was released by CANU, but he went live on his Facebook page and made several damning allegations of corruption against city businessman Azruddin Mohamed and senior officers of the Police Force as it relates to the murder of Fagundes.
Fagundes was riddled with bullets on March 21, 2021, on Main Street, Georgetown, moments after he exited a nightclub.
Bascom has since deleted the live video over fears about his family’s life.
An investigation carried out by the Regional Security System (RSS) did not find any evidence of corrupt practices or an attempt to cover up the probe into Fagundes’ murder
