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More fireworks at drug trial – THIS IS MY COURT!

The Magistrate's Court, John's Hole, Tortola

The Magistrate’s Court, John’s Hole, Tortola

The trial involving four men accused of cocaine possession has reached a virtual standstill as a result of defence attorney Marlon Gordon and Senior Magistrate Tamia Richards being at loggerheads.

Gordon, who this week accused the senior magistrate of bias, took matters further yesterday by asking the magistrate to recuse herself from the major trial.

Gordon is representing three of the accused men – David Straker, Donald George, and Lindon Chiverton. Attorney-at-law Patrick Thompson is representing the fourth accused – Anderson Flax.

“We get the impression that the court has not given equal opportunity for me to represent my clients,” Gordon said while claiming that the senior magistrate had threatened him.

He told the senior magistrate: “…Recuse yourself from this matter because you have threatened me. You said, ‘I am on thin ice.”

Senior Magistrate Richards then ordered Gordon to state the basis in law as to why she should recuse herself from the proceeding.

The defence attorney is scheduled to return to court this morning to deliver legal arguments in an attempt to back up his request for the magistrate’s recusal.

‘RUDE’

Gordon, who practices law mainly abroad, made the request for the recusal after Senior Magistrate Richards admonished him for being ‘rude’.

She also accused the defence attorney of addressing her with what she said was disrespectful, non-verbal behaviour.

The senior magistrate claimed that Gordon spoke over her while she was speaking, pointed at her, leaned over the Bar table in a hostile manner, ‘punged’ on the said Bar table in a suggestively hostile manner, and stood with his eyes affixed to the ceiling while she addressed him.

She told Gordon that is not the way lawyers behave in court in the British Virgin Islands.

She went on to assert: “When I am in my courtroom, I am in charge… When I speak, you’re supposed to stop.”

The senior magistrate further stated: “It is wrong for Counsel to accuse the court of being biased because that is not what judges do.”

Meanwhile, the four men who are being tried have been accused of possessing some $80 kilograms of cocaine back in 2015. They were held at sea.

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18 Comments

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  1. Schupes says:

    Poorly-rated. Like or Dislike: Thumb up 17 Thumb down 25

    Hidden due to low comment rating. Click here to see.

    • BVI lawyer says:

      Well-loved. Like or Dislike: Thumb up 27 Thumb down 2

      Unless people were actually there, it is very difficult to comment on the rights and wrongs of this particular situation.

      But I would say this: from time to time judges do have to admonish counsel where they step out of line.

      The suggestion that making such an admonishment means that the judge then has to recuse herself is not something I have ever heard seriously suggested before.

  2. L says:

    Well-loved. Like or Dislike: Thumb up 37 Thumb down 8

    Sounds like he was being rude and disrespectful.

  3. Hmm says:

    Well-loved. Like or Dislike: Thumb up 33 Thumb down 16

    He only want the Island woman magistrate to come in so them could get away with a slap on the wrist, as that is what she does for down island people.

    Leave our local magistrate right there let she deal with them in a proper manner.

    Sick of these people coming here treating locals how they think they want or think they can. Sick of it!!

  4. Have Respect says:

    Well-loved. Like or Dislike: Thumb up 33 Thumb down 7

    Sooo because he is not getting his way he want to stop the woman from doing her job? He better go siddung

  5. lol says:

    Like or Dislike: Thumb up 4 Thumb down 3

    The pot calling the kettle black

  6. john says:

    Like or Dislike: Thumb up 4 Thumb down 3

    look what her name case.
    ha ha ha bias bias

  7. Ocho says:

    Hot debate. What do you think? Thumb up 8 Thumb down 6

    Deal with his backside Tamia. There is no way you could go to Barbados and behave in the manner described and get away with it.

  8. tactics says:

    Well-loved. Like or Dislike: Thumb up 13 Thumb down 1

    Jus tactics…. take away from fact his client allegedly found with 80 blocks of the white stuff. anything to divert the real issue here…

  9. Truth be told says:

    Well-loved. Like or Dislike: Thumb up 10 Thumb down 4

    Continue to do your job with integrity. Let them know that in your court they will respect the court and you as magistrate also, as a human being. They may conduct business in that way out side this territory but not in BVI or your court.

    You continue to set the standard for your court let no one tell you otherwise. Continue to represent this territory to the best of your ability.

    We with you keep up the good work. I know you in control and I know because is Long Look you from and a lot of people won’t like you because you stand for something and fall for nothing.

    GOD BLESS AND KEEP YOU!!!!!!!!!!! COVER HER LORD BLESS HER GOING OUT AND COMING IN ………….

  10. Out the box. says:

    Hot debate. What do you think? Thumb up 6 Thumb down 6

    He could be wrong. As a lawyer you should research before you approach. He did his research. She seems bias. But maybe not with his case but it’s just strategy to expose her weakness to have a fair trial for his clients.she needs a reality check. I think she hates men.

  11. Decorum says:

    Like or Dislike: Thumb up 0 Thumb down 0

    Tamia stand your ground decorum is decorum. Mr Gordon make your case without disrespect if you as good as they say.

  12. de silent one says:

    Like or Dislike: Thumb up 0 Thumb down 0

    The magistrate is who in charge of the court, and should make sure that business are conducted in accordance with the court and the judicial system. Mr. Gordon needs to represent his clients and conduct himself in accordance of such judicial discipline. If for what ever reason that he thinks that he’s not been treated fairly, just let the trial go on, and take the necessary action during the appealed system where he can have all his redress deals with.

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