Ngaio Emanuel on Monday dismissed an application for her recusal in the case against Hezekiah Parker Jr., who faces firearm, ammunition and drug charges stemming from a January 10 police raid at his Cedar Valley Heights home.
Parker had pleaded not guilty to possession of a firearm, possession of ammunition, possession of cannabis and possession of cannabis with intent to transfer, after police allegedly found a Smith & Wesson .380 pistol with seven rounds of ammunition and about 100 grams of cannabis.
The recusal request followed a sentencing indication given in chambers after Parker’s attorney sought guidance. The defence argued that, having heard the facts, the Chief Magistrate should step aside. The Director of Public Prosecutions opposed the application.
In her ruling, Emanuel said recusal requires evidence that a reasonable person would perceive a real possibility of bias, noting that judges are presumed impartial absent specific facts to the contrary. She explained that a sentencing indication reflects a hypothetical maximum sentence and does not amount to a finding of guilt or acceptance that the prosecution has proved its case.
Finding the standard unmet, Emanuel dismissed the application. Parker then changed his plea to guilty on the firearm, ammunition and simple possession of cannabis charges. The prosecution withdrew the charge of possession of cannabis with intent to transfer.
Parker remains on remand. The case was adjourned to Tuesday for mitigation submissions ahead of sentencing.
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Lock up he rass and throw away di key, teach all dem gun man and so called bad boys a lesson. They sickening now. Weh dem getting all these guns
” Parker then CHANGED HIS PLEA TO GUILTY…” 😆 🤣 😂
He just like his sister – doublemimded, unstable and jump from pillow to post like a pappyshow 🤡
What that “lawyer” min really a try??
Lol boss know anytime he stick with that not guilty he SARL! Knowledge
This is the same magistrate who man clean up the nursing students a while back on Friars Hill Rd?
Oh so now he’s guilty? Was looking a free get away! Anyway he’s represented by Bowen…. Hmmmm. Remember what history rings….
The magistrate’s explanation makes sense. A sentence indication is not a conviction, and bias can’t just be assumed.
Once the recusal was dismissed, the guilty plea says a lot. The process clearly played out as it should.
This case shows why people need to understand how sentence indications actually work. The magistrate made the right call
Recusal denied — case moves on
All you dumb f*cks defending this fool on social media should go jail with him too. 😒 not because you like soeome means their wrong doing should be excused. Why you think most of the peope he used to par wid dead is the life they lived. You’re lucky to still be alive count your blessings.
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