By Barbara Gayle, Staff ReporterATTORNEY-AT-LAW Richard Small has called for legislation to be put in place so that citizens can approach the Court of Appeal when the Supreme Court refuses to grant them leave to go to the Judicial Review Court.
Mr. Small said yesterday that if Leonie Marshall did not get leave from the Supreme Court to go to the Judicial Review Court for the director of public prosecutions to reconsider his decision not to prosecute the three policemen implicated in her son's murder, then that would be the end of the matter. He said she could not appeal against a refusal of leave to go to the Judicial Review Court because there was no provision in law for that to be done.
PRONOUNCEMENT
He is asking the Court of Appeal to make a pronouncement on the need for such a legislation.
Leave for judicial review is usually granted in cases where citizens who claim they have been wronged by agents of the state apply to go to the Judicial Review Court to have decisions quashed or to compel agents of the state to carry out certain directives.
Leonie Marshall, mother of 26-year-old Patrick Genius who was shot and killed by the police in 1999, is asking the Court of Appeal to set aside a ruling of the Judicial Review Court which had refused to direct Director of Public Prosecutions Kent Pantry, Q.C., to reconsider his decision not to prosecute the policemen.
FIRST TIME
This is the first time that such a challenge has been made to a ruling by the DPP. A coroner's jury had ruled in 2001 that the three policemen implicated in the incident should be charged with murder. The policemen had reported that Genius was killed in a shoot-out and a gun was recovered. The DPP reviewed the depositions given at the coroner's inquest and ruled that there was "insufficient" evidence to charge the three policemen.
Marshall, who is being supported by the lobby group Jamaicans For Justice, first took the matter to the Judicial Review Court which ruled that it had no basis on which to order the DPP to reconsider his decision. Marshall is appealing against the Judicial Review Court's ruling.
Mr. Small has been citing authorities to show that the Court of Appeal has the power to order the DPP to reconsider his decision. He said so far the DPP has not given any reasons for his decision not to prosecute.
The hearing continues tomorrow in the Court of Appeal.
