Acting Chief Justice Orders Magistrate to Recuse Herself from SOCU Cases

News

News Source Guyana Reports | Acting Chief Justice Navindra Singh has issued an order requiring Magistrate Tamieka Clarke to recuse herself from five cases involving the Special Organised Crime Unit (SOCU) due to apparent bias.

The situation stems from a legal dispute dating back to November 2022, when Clarke, then a private attorney, filed constitutional proceedings against SOCU. Her lawsuit arose from her arrest and detention after she advised a client to exercise their right to remain silent during questioning by SOCU investigators. The State eventually accepted liability in that case, resulting in Clarke being awarded damages.

With five cases now under her purview as a Magistrate, SOCU sought intervention from the High Court to have Clarke disqualified from hearing them, citing the prior history between her and the agency.

During an initial hearing in October 2025, the SOCU Prosecutor requested that Clarke step down from the cases; however, she declined to do so. Consequently, SOCU escalated the matter to the High Court.

In his ruling, Acting Chief Justice Singh determined that Clarke’s previous legal battle with SOCU was personal rather than a mere professional disagreement stemming from her earlier legal practice against law enforcement. He emphasized the importance of perceived impartiality in the judiciary, noting that justice must be seen to be done.

Citing Guyana’s Code of Ethics for Judicial Officers, Justice Singh reiterated that a judicial officer should disqualify themselves from cases where they have prior personal involvement that could create the appearance of bias. He concluded that Clarke should have recognized the conflict and recused herself voluntarily.

This decision underscores the judiciary’s commitment to upholding the integrity and impartiality of legal proceedings in Guyana.

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