Justice Gertel Thom reserves judgement in Afi Jack’s case
From the Courts
May 27, 2011

Justice Gertel Thom reserves judgement in Afi Jack’s case

Justice Gertel Thom has reserved judgement in a matter in which Lawyers for the Director of Public Prosecution (DPP) Colin Williams are seeking to have a decision by Justice Frederick Bruce-Lyle set aside.{{more}}

Earlier this year, Justice Bruce-Lyle granted leave ex parte for Marva Chance to seek judicial review of the decision of the DPP to take over and discontinue two private criminal charges she brought against Afi Jack in December 2010.

Jack had been charged with unlawfully re-registering in the lead up to the December 13, 2010, general elections.

However, on February 3, 2011, the day before Jack’s case was scheduled to be heard in the Magistrate’s court, Williams took over and discontinued the matters. He said, based on the investigations of his office, there was no basis on which a charge against Jack could succeed.

On Wednesday this week, Lawyers for the DPP argued before Justice Thom that Bruce-Lyle’s decision should be set aside, as they are of the view that had the judge been given all the facts, he would not have granted leave for judicial review.

After hearing arguments on both sides, Justice Thom reserved judgement.

Appearing for the DPP were Senior Counsel Anthony Astaphan, Grahame Bollers, Richard Williams and Stephen Williams.

Marva Chance was represented by Kay Bacchus-Browne, Nicole Sylvester and Maia Eustace.