Forbes, Millicent v Attorney General of Jamaica

• Jurisdiction: Jamaica
• Judge: CORAM: WOLFE, C.J.
• Judgment Date: 01 October 2004
• Judgment citation (vLex): [2004] 10 JJC 0101
• Court: Supreme Court (Jamaica)
• Date: 01 October 2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM NO. 2004/HCV 01386

IN CHAMBERS

BETWEEN

MILLICENT FORBES

CLAIMANT

AND

THE ATTORNEY GENERAL OF JAMAICA

DEFENDANT

Richard Small and David Wong Ken for Claimant

Mrs. Nicole Foster-Pusey and Miss Carlene Larmond for Defendant

JUDICIAL REVIEW - Certiorari - Leave to apply - Order to quash verdict of acquittal and declare trial a nullity

CORAM: WOLFE, C.J

1 This is an application for leave to apply for Judicial Review.

2 The circumstances giving rise to this application are, to say the least, tragic.

3 The police report that on April 14, 2000 a party of policemen were on operations in West Kingston. It is alleged that they came under fire from gunmen. They returned the fire. Janice Allen, a young girl aged 13 years, was fatally shot during the crossfire.

4 This version of how young Janice Allen lost her life is denied by her sister, Anne Marie Allen, who contends that Janice was shot after the shoot out had ceased.

5 Arising out of the incident Rohan Allen, a member of the Jamaica Constabulary Force, was arrested and charged for the murder of Janice Allen and duly committed to stand trial before the Circuit Court.

6 When the matter came on for trial in the Circuit Court for the parish of Portland the accused pleaded not guilty and a jury was duly empanelled to hear the case before the Honourable Mr. Justice Hibbert.

7 Mr. Herbert McKenzie of the Director of Public Prosecutions Office appeared for the Crown. He outlined to the court the allegations and then advised the court that the Crown was not in a position to prove its case against the accused due to the unavailability of certain vital evidence. He offered no evidence and the learned Trial Judge directed the jury to return a verdict of not guilty. The jury relying upon the direction of the learned Trial Judge entered a verdict of not guilty and the accused was discharged.

8 Subsequently, it turned out that the information upon which the Prosecution relied, as to the availability of the crucial evidence, was false.

9 The application before me is for leave to apply for Judicial Review, with a view to obtaining an Order of Certiorari to quash the verdict of acquittal of Rohan Allen for the murder of Janice Allen and also a declaration that the trial resulting in the acquittal of Rohan Allen was a nullity.

10 The grounds upon which the relief is sought are -

• (i) The acquittal of Rohan Allen was obtained by improper means, to wit, a fraud upon the office of the Director of Public Prosecutions and the Court.

• (ii) The Administration of...