Only High Court had power to allow Brutus’s wife to travel – Nandlall
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December 12, 2024
…says magistrate overstepped powers, should have adhered to previous ruling
The recent decision by acting Chief Magistrate Faith McGusty to allow Adonika Aulder, wife of embattled Assistant Police Commissioner Calvin Brutus, to travel overseas despite a previous High Court ruling that had denied her request, is being challenged by Attorney General Anil Nandlall, SC.
Attorney General Anil Nandlall
During his recent edition of Issues in the News, Nandlall noted that this decision by the acting chief magistrate cannot be allowed to stand, lest future magistrates rule in a similar manner.
This is especially so since Aulder and Brutus, who are both facing several criminal charges, had made a previous application for Aulder to be permitted to travel overseas for medical reasons, but that application had been denied by High Court Justice Gino Persaud back in October.
Nandlall pointed out that, in its previous ruling, the High Court had refused Aulder permission to travel over concerns about her being a flight risk. He contended that the doctrine of Stare Decisis, which means a lower court abides by the precedent set by the higher one, should have been followed.
“A magistrate ought to have considered him or herself bound by that determination. First of all, the magistrate should not have entertained the application, because (a magistrate has) no power to do anything with it other than to reject it. But let us assume the magistrate had the power. The magistrate should have considered his or herself bound by how the high court treated with the matter, following the doctrine of precedent and Stare Decisis,” Nandlall has said.
Further, Nandlall explained that should the High Court grant someone permission to leave, the court also stipulates when that person is to return. He also noted that the High Court can also impose conditions, such as requiring the person to lodge property or money to ensure the person does return to the jurisdiction.
