By Barbara Gayle, Staff ReporterAN APPEAL has been filed against the Judicial Review Court's ruling last month that there was no basis on which to interfere with the Director of Public Prosecutions' ruling in the Patrick Genius case.
Leonie Marshal, Genius' mother, had brought a motion seeking to quash a decision of the Director of Public Prosecutions, Kent Pantry, Q.C. that there was not enough evidence to bring criminal proceedings against the three policemen implicated in the death of 26-year-old Genius. He was shot and killed on December 13, 1999. The police said he was killed in a shootout and a gun recovered.
A Coroner's jury ruled in May 2001 that persons were criminally responsible for Genius' death. But, the DPP ruled in January last year that he did not have sufficient evidence to charge the policemen with murder.
The Judicial Review Court comprising Mr. Justice Basil Reid, Mr. Justice Karl Harrison and Mr. Justice Donald McIntosh, in dismissing the motion on May 2 this year, said it did not have any basis on which to interfere with the DPP's decision. The court said it was not shown that the DPP's decision not to prosecute was unfair.
Marshall, is contending in the grounds of appeal filed, that the Judicial Review court erred in that it failed to appreciate that there was no relevant policy guideline or document applicable to the exercise of a discretion by the DPP. She is asking the Court of Appeal to find that the duty of the DPP was to rule in favour of a prosecution provided a prima facie case of homicide could be made out. She is contending that the court failed to appreciate that there was evidence capable of negativing self defence.
