Lawyers `up in arms' over Magistrate
investigate Magistrate Edward King's treatment of Crown counsel Larry Mussenden.
Bar Association president Richard Hector said lawyers are "up in arms'' about Mr. King's alleged behaviour towards Mr. Mussenden, who spent 20 minutes at Hamilton Police Station following a courtroom row with the magistrate.
Legal sources said Mr. King ordered Mr. Mussenden to be taken to the station in handcuffs after he was allegedly rude to the bench.
Mr. King denies this, but has admitted he called Mr. Mussenden a coward during a heated courtroom exchange.
Mr. Mussenden is understood to be considering suing Mr. King for wrongful arrest.
The action of the Bar Association, which represents the Island's lawyers, will increase pressure on Mr. Justice Ward to take disciplinary action against the controversial magistrate.
Acting Director of Public Prosecutions William Pearce has already spoken to Norma Wade-Miller, who stood in as Chief Justice while Mr. Ward was on holiday, about the incident.
Mr. Pearce said he intended to make a formal complaint after Crown lawyers said they did not want to appear in Mr. King's court until the matter was investigated. Mr. King was subsequently moved to the Family and Juvenile Court.
Earlier this week, in a sign that the row was cooling down, a Government Information Services spokesman said Mr. Pearce had been in "communication'' with the Acting DPP about the Mussenden incident. He did not use the word "complaint''.
Governor Thorold Masefield, who has the power to sack magistrates, has discussed the issue with Mr. Justice Ward, but is awaiting a formal report on the incident. Any action taken will be on the recommendation of Mr. Justice Ward.
Mr. Hector yesterday told The Royal Gazette : "I have had instructions from members to have discussions with the Chief Justice about this matter, which I intend to do as soon as possible.
"We had a semi-annual general meeting and lawyers were up in arms about this thing, which they felt was not good for their profession.
"They want something to be done to prevent this thing, if it happened, from happening again.
"A lot of lawyers do not know clearly what happened, but they would like this matter to be properly investigated because we would like our members to be protected and also the institutions of justice protected.
"When these things happen, if they did happen, they reflect badly on the institutions of the law. If they are doing their job, they would like to be protected.''
