Magistrate may face official complaint
Magistrate Edward King could face discplinary action following an extraordinary courtroom row with Crown counsel Larry Mussenden during which he allegedly ordered the lawyer to be taken to a Police Station in handcuffs.
Governor Thorold Masefield, who has the power to sack magistrates, is preparing to meet Chief Justice Austin Ward when he returns from holiday to discuss the incident.
And Acting Director of Public Prosecutions William Pearce is preparing to lodge a formal complaint with Acting Chief Justice Norma Wade-Miller demanding disciplinary action be taken against Mr. King.
Mr. King has been moved to the family and juvenile court this week following complaints from Crown counsel who are furious at his treatment of Mr.
Mussenden.
Mr. Mussenden spent 20 minutes in Hamilton Police Station on Thursday after a courtroom row with Mr. King when the magistrate allegedly asked Police officers to place the lawyer in handcuffs and take him to the station.
Mr. King has denied ordering Mr. Mussenden to be placed in handcuffs. He has admitted asking Police officers to prevent him leaving the court because he was being "rude'' to the bench and to calling Mr. Mussenden a coward.
The Royal Gazette understands that when Crown counsel met Mr. Pearce on Friday they told him they did not want to appear in Mr. King's court until there was a full examination of the incident.
Mr. Pearce conveyed their concerns to Senior Magistrate Will Francis. Mr.
Francis, who assigns work to the other magistrates, has moved Mr. King to the family and juvenile court for this week.
Mr. Pearce revealed yesterday that he is preparing to make a formal complaint to the office of the Chief Justice, who has responsibility for disciplining magistrates, asking for action to be taken against Mr. King.
Legal insiders say there is no precedent in recent years for magistrates being disciplined by the Chief Justice, or if they have, the reprimands have not been made public.
Government House has now been drawn into the controversy. Deputy Governor Tim Gurney told The Royal Gazette yesterday that Mr. Masefield is awaiting a report on the incident from Mrs. Justice Wade-Miller.
The Governor has the ultimate power to sack magistrates. He intends to discuss her report with Chief Justice Austin Ward when he returns to the Island.
Mr. Pearce yesterday confirmed he had spoken to Mr. Francis about the controversy.
He said: "I had a conversation with the Senior Magistrate with respect to the Larry Mussenden matter.
"Certain representations were made and my understanding is that he has made some changes to his line-up throughout this week.
"Mr. Mussenden is preparing a report and I intend to lay a formal complaint with the Acting Chief Justice so that the Chief Justice can look into the matter and take appropriate action.
Magistrate "The Chief Justice has supervisory jurisdiction over magistrates and he has the power to discipline magistrates, but I can't say any more than that as to what options he might consider.'' Mr. Francis confirmed yesterday that Mr. Pearce spoke to him about the Mussenden controversy, although he refused to reveal details of their conversation.
He said Mr. King would be in family court this week. Mr. Francis pointed out that Magistrate Carlisle Greaves, who normally sits in the family court, is off sick this week.
However, an acting magistrate has been brought in to sit in Mr. King's court rather than the family court.
Mr. Gurney said yesterday: "We are well aware of this. The Governor is waiting for a full report from the Acting Chief Justice which he plans to discuss with the Chief Justice when he returns to the Island.''
