Bridgetown.
Two Chief Magistrates sat on the Bench in the District A Magistrates Court yesterday.
Outgoing Chief Magistrate Clyde Nicholls who is on vacation and then goes on pre-retirement leave, but periodically returns to finish matters that were not completed during his tenure.
Deborah Holder has been appointed acting Chief Magistrate from March 3 until September 30.
Yesterday Magistrate Nicholls return to the Bench to deal with an extradition matter against Frederick Hawkesworth, Sean Gaskin and John Scantlebury.
"Miss Holder has the jurisdiction as Chief Magistrate but I am here sitting as Chief Magistrate, so there are two chief magistrates", Nicholls told the Court.
Hal Gollop counsel for one of the men in the extradition matter before the Court told Nicholls that according to the Official Gazette of March 28, 2011, Deborah Holder have been appointed to act as Chief Magistrate.
So Nicholls has no jurisdiction.
"The two of you cannot be Chief Magistrate at the same time. Acting Chief Magistrate Deborah Holder is the Chief Magistrate at this time .She carries all the statutory instruments of the office appointed by statute. She is the de facto Chief Magistrate,"
Gollop said.
He told the Court that the matter should be referred to the High Court for a declaration,
