SOCU to appeal dismissal of charges against Dave Rajeshwar

The Special Organised Crime Unit (SOCU) said prosecutors were caught off guard after learning that Magistrate Delon Bess of the Diamond Magistrates’ Court had dismissed three charges pending against convicted fraudster Dave Rajeshwar Persaud, despite a court clerk having confirmed a new adjournment date for continuation of the trial.

Persaud was sentenced in April 2025 to three years’ imprisonment for the offence of obtaining by false pretence. Three additional charges remained pending before Magistrate Bess and were scheduled for trial continuation.

According to SOCU, on the morning of Thursday, 29 May 2025, at 6:39 a.m., prosecutors received a WhatsApp message from the magistrate’s clerk requesting a suggested adjournment date, as Magistrate Bess was scheduled to sit at the Leguan Magistrates’ Court that day instead of at Diamond. When asked whether a date in June would be suitable, the clerk confirmed that it would be. SOCU then proposed 27 June 2025, which the clerk accepted.

However, on Friday, 27 June, around 12:20 p.m., after waiting for the matters to be called, SOCU prosecutors enquired about the case status. Magistrate Bess directed them to the clerk, who informed them that the matters had already been dismissed on 29 May. The magistrate later explained that while presiding at the Leguan Magistrates’ Court on that day, he joined a Zoom session with the Diamond Court to address Persaud’s matter. Persaud appeared via Zoom from prison, but no SOCU prosecutors or witnesses were present. As a result, the magistrate said, the matters were dismissed.

SOCU contends that at least one of the dismissed cases had already reached an advanced stage, with the victim under cross-examination. Prosecutors say the magistrate was procedurally required to close the cross-examination, formally close the prosecution’s case, and invite submissions on the evidence already led before deciding whether dismissal was warranted. They note that this process was not followed and that no such entry was made in the magisterial jacket, raising concerns of irregularity

Additionally, SOCU highlighted that it is highly unusual for a magistrate sitting in the Leguan Magistrates’ Court, which falls under a separate magisterial district, to dismiss cases pending before a court in the Diamond jurisdiction. A subsequent review of correspondence between the court clerk and SOCU prosecutors revealed that the clerk failed to inform Magistrate Bess of the adjourned date set for 27 June. SOCU has since signalled its intent to appeal the dismissal of the matters.