Lawyer gets go-ahead to challenge St James RM's order
Jovan Johnson, Gleaner Writer
A lawyer representing a British man in a child maintenance case, has been given the go-ahead to challenge an order by a St James Resident Magistrate in the Judicial Review Court.
In its November 8 ruling, the Supreme Court also ordered that all committal proceedings in the matter be halted until the Review Court hears th
The matter is to be called up in the Review Court on January 14.
The British man, Brenton Henry is being represented by Attorney-at-Law Hadrian Christie.
He is contending that Resident Magistrate Dionne Gallimore-Rose acted outside her authority when she ordered his arrest for his breach of a 2007 child maintenance order.
There is also a contention that the matter was not properly brought before the court and that as such the Magistrate does not have the jurisdiction to order the man’s imprisonment nor impose bail conditions.
Since the man’s return to Jamaica in June, he has been ordered imprisoned several times until he made certain payments.
There are also arguments that Henry’s constitutional rights may have been breached by the imposition of the bail conditions which restricted him from returning to the UK to access treatment for an terminal illness.
The maintenance case is set for mention again tomorrow.
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