High Court orders Magistrate to step aside from 5 SOCU cases over bias concerns 

Acting Chief Justice Navindra Singh has ordered Magistrate Tameika Clarke to recuse herself from five cases brought by the Special Organised Crime Unit (SOCU), ruling that her continued involvement created an appearance of bias.
The decision was handed down on January 9, after SOCU sought judicial review orders, including declarations and a writ of mandamus, compelling the Magistrate to withdraw from the matters.
SOCU outlined that in November 2022, Clarke, then an attorney in private practice, filed constitutional proceedings against the unit. The state accepted liability in November 2023, and damages were awarded to her.
In July 2024, SOCU charged Ian Jacobis and three others with money laundering and separately instituted illegal gold export charges against Ivor Scipio. The matters were assigned to Magistrate Clarke in September 2025 and set for trial one month later.
SOCU prosecutors subsequently asked Clarke to recuse herself, citing her previous civil action against the agency. She declined, prompting SOCU to move to the High Court.
The unit argued that her refusal was improper and unreasonable, given the earlier dispute and what it described as adverse rulings against SOCU.
In his ruling, Justice Singh found that the prior litigation between Clarke and SOCU was personal in nature and not a routine professional engagement. He stated that justice must not only be done but must be seen to be done and referred to Guyana’s Code of Ethics for Judicial Officers, which requires a Judge to disqualify himself or herself where prior involvement may give rise to a perception of bias.
The court therefore granted the orders sought by SOCU and directed that the five matters be reassigned to another Magistrate. Justice Singh also declared that Clarke acted illegally and irrationally when she refused to step aside.
The Judgement further held that her decision amounted to an improper exercise of discretion and was unfair in the circumstances.
Head of SOCU, Deputy Commissioner Fazil Karimbaksh, said it was regrettable that court intervention became necessary. He stated that judicial officers must avoid acting arbitrarily, particularly where an appearance of bias exists.
SOCU was represented by its attorney and prosecutor, David Brathwaite, while Magistrate Clarke was represented by Solicitor General Nigel Hawke and attorneys from the Attorney General’s Chambers.


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