Home » Judge begins hearing in case where prisoner on remand sues Police Commissioner.

Judge begins hearing in case where prisoner on remand sues Police Commissioner.

by pointe team
0 comment

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.

Spread the love

You may also like