The application by Magistrate Judy Latchman for a stay of Justice Brassington Reynolds’ ruling compelling her to commit accused Regan ‘Grey Boy’ Rodrigues to stand trial for the murder of political activist Courtney Crum-Ewing will be heard on January 25.
The announcement was made by Justice of Appeal, Dawn Gregory at an in-chamber hearing yesterday morning at the Court of Appeal.
In the meantime, the court has ordered attorney Nigel Hughes, for the Director of Public Prosecutions (DPP), to file his affidavit in answer to the magistrate’s stay request no later than January 5.
Thereafter, attorney Arudranauth Gossai, who is representing Magistrate Latchman, will be given until January 19 to file his responses to Hughes’ submissions. Sometime after, a date is expected to be fixed for commencement of a hearing of the magistrate’s appeal of Justice Reynolds’ ruling.
At the conclusion of a preliminary inquiry (PI) on June 5, Magistrate Latchman found that a prima facie case had not been established and discharged Rodrigues, ruling that there was no case against him.
Two days later, DPP Shalimar Ali-Hack issued a directive to the magistrate to take steps to commit Rodrigues to stand trial in the High Court for the capital offence.
However, Magistrate Latchman has since then maintained that she would be unable to comply with the DPP’s directive, as she had found no evidence presented by the prosecution that it was Rodrigues who killed Crum-Ewing.
After the magistrate made it clear that she was not going to comply with the directive, the DPP commenced proceedings in the High Court, seeking among other things, that she shows why her decision to discharge the accused, should not be declared ultra vires, null and void.
Noting that she was dissatisfied with Justice Reynolds’ ruling, Magistrate Latchman filed an appeal, and is contending, among other things, that the judge’s decision cannot be supported, having regard to the evidence and the law.