National Border Patrol Director Daniel Seeram is seeking to overturn his conviction for assaulting his former wife, with his attorney alleging that errors in the magistrate’s handling of the evidence resulted in a miscarriage of justice.
A Notice of Appeal filed by attorney Nigel Hughes sets out 20 grounds challenging Magistrate Abigail Gibbs’ October 2 ruling. Seeram is also seeking bail ahead of his sentencing, scheduled for November 2.
The appeal disputes the magistrate’s assessment of his testimony, the complainant’s credibility and the evidence supporting his claim of self-defense.
A central argument is that the court treated Seeram’s account as involving a single push, although the defence maintains that he described two separate struggles.
According to the notice, Seeram testified that he first pushed his then-wife away during a confrontation in a hallway. He said a second push occurred after she pulled his chain, which broke before she fell.
These assertions form part of his challenge to the conviction and have not been upheld on appeal.
Hughes also questioned the weight given to the complainant’s evidence, pointing to what the defence described as inconsistencies about her injuries and the timing of her disclosure concerning a firearm.
The appeal further challenges the admission of her medical certificate without testimony from the doctor who prepared it.
Another ground concerns evidence from Sergeant Dunn. The defence contends that the magistrate gave insufficient weight to the officer’s account that Seeram reported the incident first, had visible injuries and produced a broken chain.
The notice describes the conviction as “unsafe and unsatisfactory in all the circumstances” and alleges a “substantial miscarriage of justice”.
The challenge follows Seeram’s unsuccessful High Court application for judicial review of the decision to keep him in custody pending sentencing.
In that matter, Hughes argued that the magistrate ordered Seeram’s remand before receiving a probation report, a victim impact statement and submissions on aggravating and mitigating circumstances.
Justice Joy Persaud-Singh dismissed the application, finding no basis to conclude that the magistrate had acted unlawfully, irrationally or outside her jurisdiction.
The criminal case arose from a September 11, 2023 incident at the Cummings Lodge home Seeram shared with his then-wife.
He initially denied the assault charge and was released on $50,000 bail. Following his conviction, Magistrate Gibbs revoked bail and remanded him to prison.
Seeram was serving as Region Four Chairman at the time of the incident. He remains in custody ahead of sentencing.
