Woman gets green light to challenge re-laid charges

A High Court judge has permitted a woman facing fresh sexual offences charges to challenge the police’s authority to reinstitute these charges previously discharged by a High Court Master.

Justice Devindra Rampersad granted leave to the applicant who, in her lawsuit, argues that the move to relay the charges violated the Administration of Justice (Indictable Proceedings) Act (AJIPA) and constituted an abuse of process and overreach.

The applicant is represented by Lee Merry, SC, Peter Carter and Larry Boyer. According to the woman’s claim, the charges, originally laid in April 2021, were discharged during sufficiency hearings on October 21, after prosecutors failed to meet court directions under AJIPA and the Criminal Procedure Rules, 2023.

The police re-laid the charges on November 8, prompting the applicant to file for judicial review. The applicant contends that AJIPA explicitly requires an appeal to the Court of Appeal as the avenue for challenging the discharge of an accused by a master.

She argues that re-laying the charges is ultra vires, undermines the act’s legislative intent, and constitutes an abuse of the court process. Her claim contends AJIPA’s reforms were designed to enforce strict compliance with pre-trial directives, preventing prosecutorial overreach and discouraging delays.

The applicant wants compensation, a withdrawal of the charges or a stay of the criminal proceedings, and declarations that the prosecution’s actions contravene the law.

The matter will come up for a hearing on January 31. Rampersad ordered the woman’s attorneys to serve a copy of the action on the Director of Public Prosecutions, the Law Association, the Criminal Bar Association and the Solicitor General.

The limits of prosecutorial discretion under AJIPA sparked recent debate after seven police officers initially accused of extortion were discharged, only to face new charges of misconduct a week later in November.

The re-laying of charges against the seven was announced in a press release from the police service.

Commissioner Erla Harewood-Christopher said, “The re-laying of these charges demonstrates our commitment to ensuring that justice is served. The TTPS will continue to work closely with the office of the DPP to ensure the proper determination of these matters.”

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