ABSTRACT
Summary courts legislation in most jurisdictions provides that where a defendant who has been properly notified of the date of hearing fails to appear for his trial, the magistrate may proceed ex parte.7 Alternatively, the magistrate may issue a warrant for the arrest of the defendant. He cannot do both: Perreira v Cato (1979) 28 WIR 169. In that case the appellant failed to appear for her summary trial for wounding on six occasions between 17 August and 20 December. She had been previously served to appear and a warrant was issued as a result of her failure to appear on 29 November. The magistrate did not, however, await the execution of the warrant of arrest, but proceeded to hear the matter ex parte (in the absence of the defendant) on 20 December. It was held on appeal by the Guyana Full court that the legislation did not envisage that the court should pursue more than one course of action at a time. The ex parte trial was in lieu of the issuance of a warrant.
