The case where an inmate on remand in His Majesty’s Prison (HMP) is suing the
Commissioner of Police and others, opened before Justice Ann-Marie Smith in the
High Court on Wednesday.
The Acting Director of Public Prosecution, Shannon Jones-Gittens, represented the
parties – the Attorney General, the Commissioner of Police and the Prisons
Superintendent – in the matter. Early in the hearing, the Acting DPP filed two
affidavits in reply to the submission from attorney, Wendell Alexander (formerly
Wendell Robinson). The case was adjourned until the afternoon session, to allow
the defense attorney time to consider the affidavits.
The Acting DPP argued that certain aspects and framework of the Criminal
Prosecution Services Act are unconstitutional, and the affidavits of Inspector Dane
Bontiff and Curtis Cornelius both admitted that there was no written authorization
from the DPP, before the criminal charges were instituted against the prisoner.
Alexander argued, that given the admissions from the two affidavits, the charge
filed is a nullity, and his client is unlawfully remanded. He supported his argument
with case law.
Jones-Gittens also argued with case law, seeking to show that portions of the Act
are unconstitutional.
The court ordered the filing of submissions by both sides and will rule by April
17th or earlier.
Meanwhile, the prisoner who has been on remand since October last year, was
ordered back to HMP. His attorney said he plans to file another affidavit seeking
his release on bail, as soon as possible. The prisoner cannot be named based on the
nature of the crime with which he is charged.