PM’S ARREST WARRANT QUASHED

Press Release

15/12/2017

 

A three-man Supreme Court bench today unanimously found the warrant defective and the District Court’s decision to issue it as well.

The court found that lack of care was applied by the District Court in issuing the warrant.

There was no information put on the form to get a warrant. The date on which the information was laid was blank. Even the word ‘Independent’ was spelt wrong on the form.

The court further found that the wrong form was used in applying for the warrant.

To apply for the arrest warrant, form 1 had to be used, as per section 8 of the Arrest Act of 1977.

The court upheld the appeals filed by PM O’Neill and Police Commissioner Gari Baki, and set aside the warrant as void and of no legal effect.

This appeal arose from the decision of August 8, where the National Court ruled it cannot judicially review the manner in which the warrant was issued from the District Court on 12 June 2014.

The Supreme Court ruled that the decision by the District Court to issue the warrant was an administrative decision that was capable of being judicially reviewed.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s