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Constitutional Motion withdrawn
From the Courts
June 17, 2005

Constitutional Motion withdrawn

A constitutional Motion brought by Elwardo Lynch against the Attorney General and the Commissioner of Police on April 26, was withdrawn on June 10.

The lawyers representing Lynch, Dr. Linton Lewis and Dr. Lorraine Friday were forced to withdraw the constitutional action after legal arguments by lawyers for both parties before Master Brian Cottle. {{more}}

Lawyer Graham Bollers representing the Attorney General and the Commissioner of Police, argued that the wrong legal procedure for commencing a constitutional action had been adopted by Lynch’s legal team.

Bollers claimed that the matter did not conform to the procedure for starting actions before the High Court, under the Civil Procedure Rules.

The court agreed with the submission put forward by Bollers, and gave Lynch’s legal team the option of withdrawing the matter, or having it dismissed.

Drs. Linton Lewis and Lorraine Friday were then forced to concede. They then withdrew the

matter.

This matter arose out of Lynch’s conviction for making false statements in public, likely to cause alarm, contrary to section 64 (1) of the Criminal Code.

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