Source: Loop Caribbean
The government of Antigua and Barbuda will not be accepting the ruling of a High Court Judge which could cause hundreds of cases to be quashed.
Last week, Justice Ann-Marie Smith made a decision in favour of Attorney Wendel Robinson who filed a writ of habeas corpus ad subjiciendum challenging the detention of a rape accused.
The individual in question has been on remand at His Majesty’s Prison since being charged with rape in October 2022.
According to Robinson, his client is unlawfully behind bars because the Criminal Prosecutions Act 2017, which was enacted in November 2021, states that “no public officer shall, after the commencement of this Act, institute any criminal proceedings or undertake the prosecution of any criminal case in any court, unless he is authorised to do so in writing by the DPP [Director of Public Prosecutions]”.
The lawyer said that no instructions were given by the DPP in writing to the police in relation to his client.
The Judge agreed with Robinson having interpreted public officers to include police officers based on the Constitution.
She, therefore, ordered the immediate release of the inmate.
Robinson explained that this decision will affect all charges filed between the day the law commenced in November 2021 to date, although some could be refiled.
But Attorney General Steadroy Benjamin claims that the Attorney did not examine all of the facts and circumstances.
“You don’t talk in law except you know what you’re talking about,” he opined.
He said the decision will definitely be appealed but “until the matter is resolved the status quo remains.”