Tue | Apr 25, 2017

DPP becomes interested party in Gorstew case

Published:Wednesday | September 16, 2015 | 9:43 PM
DPP Paula Llewellyn

The Director of Public Prosecutions (DPP) has become an interested party in the renewed court battle between Gorstew Limited and three former executives accused of defrauding the company of more than $1 billion.

The Supreme Court today began hearing arguments in the application filed by Gorstew, which is seeking leave to go to the Judicial Review Court.

Among other things, Gorstew wants to quash the decision of Resident Magistrate Lorna Shelly-Williams to acquit Patrick Lynch, Catherine Barber and Dr Jeffrey Pyne in August last year and for the matter to go back to the lower court.

Gorstew is accusing the magistrate of acting unlawfully when she upheld a no-case submission.

It is contending that the magistrate committed jurisdictional errors and did not adjudicate the matter properly when she made her ruling.

In court today, attorney-at-law, Bert Samuels, one of the lawyers for Dr Pyne and Lynch, argued that the DPP should be involved in the case as an interested party as the matter has implications for country’s chief prosecutor.

The Office of the DPP is in charge of all prosecutions.

The court, comprising Justices Lennox Campbell, Sara Thompson-James and Crescencia Brown-Beckford, agreed with the submission and ordered Gorstew to serve the application and affidavits on the DPP today.

Meanwhile, Gorstew’s lawyers, Hugh Wildman and Douglas Leys, have asked the court to consider making a direct ruling on the application instead of granting their client leave to go to review court.

They argued that this would save time.

The hearing is to continue tomorrow.