review court reserved judgement in Gorstew case
The Judicial Review Court has reserved its ruling into the application brought by Gorstew Limited which is seeking an order to overturn the decision of a magistrate to acquit three former executives.
Patrick Lynch, Catherine Barber, Dr Jeffrey Pyne and Resident Magistrate Lorna Shelly Williams are the respondents in the case.
Attorneys-at-law Bert Samuels and Sharon Usim who are representing the former Gorstew executives, asked the court not to grant the application because it would breach the respondent’s constitutional rights that a person cannot be tried twice for the same offence.
They further argued that Gorstew has not provided the court with any statutory provisions that would allow it to quash the decision of the magistrate.
Earlier, Gorstew’s attorneys, Hugh Wildman and Douglas Leys, argued that the magistrate acted irrationally.
Wildman cited a case from South Africa to show that once a magistrate acted irrationally or irregularly then a court can make an order for the persons acquitted to be tried by a different magistrate.
The attorney argued that the law of double jeopardy does not apply in this case and asked the court to grant the application being sought.
Director of Litigation Carlene Larmond, who is representing the magistrate, opposed Gorstew’s application.
Pyne, Lynch and Barber were freed of the fraud-related charges last year August by the magistrate after no-case submissions by their attorneys.