Supreme Court to hear Gorstew judicial review application today
The Supreme Court is today expected to hear the application by lawyers representing Gorstew Limited which is seeking to challenge the acquittal of three former executives in the billion-dollar ATL Pension Fund fraud case.
Resident Magistrate Lorna Shelly-Williams and the three former ATL executives, Patrick Lynch, Catherine Barber and Dr Jeffrey Pyne are the defendants in the case.
ATL is seeking leave to go to the Judicial Review Court to quash the magistrate’s decision to dismiss the charges against the former employees.
The application is to be heard by Justice Nicole Simmons.
Lynch and Payne are being represented by the law firm Knight, Junor and Samuels, while Barber is being representing by attorneys Deborah Martin and Sharon Usim.
RM Shelly-Williams is being represented by lawyers from the Attorney General's Department, while Gorstew is being represented by Attorney-at-law Hugh Wildman.
The defendants’ lawyers are to oppose the application.
Pyne, Lynch and Barber were freed in August after the magistrate upheld no-case submissions by their attorneys.
They were on trial for distributing $1.7 billion of interest and withdrawal surpluses to members of the scheme without the consent of its founder Gorstew Limited.
They were also accused of using forged letters to deceive ATL Chairman Gordon 'Butch' Stewart that consent had been obtained.
However, in dismissing the charges, RM Shelly-Williams said prosecutors did not present a case that would result in a reasonable jury finding them guilty.
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