The Janice Allen case is heading to the Judicial Review Court for the second time in four years.

Millicent Forbes, mother of 13-year-old Janice Allen, has taken the director of public prosecutions (DPP) to court, challenging her ruling not to prosecute the policeman who was charged with her daughter's murder.

Supreme Court Judge Lennox Campbell granted Forbes leave yesterday to challenge the ruling.

The hearing has been set for September 30 in the Judicial Review Court. Forbes is seeking to quash the DPP's ruling.

DPP Paula Llewellyn had ruled in May this year that having examined all the material in the case, the Crown would not be in a position to establish a case against Constable Rohan Allen (no relation to the deceased).

No evidence of fraud

Llewellyn, in her very detailed reasons and recommendations, said the Crown would not be able to establish a nexus or link between Constable Allen and the M16 firearm from which the fragments of bullets were found in the girl's body.

She said she found no evidence of fraud in the case, thereby putting to rest the contention in the case that the verdict of acquittal was obtained by fraud.

Forbes, who is backed by the lobby Jamaicans for Justice, had taken the case to the United Kingdom Privy Council after the Jamaican courts turned down her application for a jury's verdict to be set aside. In 2005, Allen challenged the jury's verdict in the Judicial Review Court.

New trial

The Privy Council agreed with the Jamaican courts that the jury's verdict could not be set aside, but recommended that the DPP consider if the policeman should face another trial.

Allen was shot dead at her gate in Trench Town, west Kingston, on April 18, 2000. The police reported that she was shot during a shoot-out with gunmen.

Constable Allen was charged with the murder, but was freed in March 2004 after the Supreme Court directed a jury to return a formal verdict of not guilty.

The acquittal was based on false information that a policeman who was a vital witness in the case was off the island and would not be returning. The policeman subse-quently returned to the island.

barbara.gayle@gleanerjm.com