Repson Ltd v Commissioner of Police

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Matthew, J.
• Judgment Date: 30 November 2001
• Neutral Citation: MS 2001 HC 8
• Docket Number: Claim No. 26 of 2001
• Date: 30 November 2001

Repson Limited

and

Commissioner of Police

Matthew, J. (Ag.)

Claim No. 26 of 2001

High Court

Judicial review - Certiorari — Applicant sought leave to apply for certiorari to quash an order of the magistrate where he ordered six complaints against the applicant to be tried on indictment rather than summarily — Whether magistrate wrong in his decision — Leave granted as prayed for application to proceed so that a fuller inquiry into the matter could be made by a judge of the High Court.

Appearances:

Mr. K. Markham for the applicant.

1 Matthew, J. (AG.): On July 18, 2001 the applicant applied ex parte for leave for judicial review for an Order of Certiorari to remove into the High Court and quash an Order made by His Worship the Magistrate, Mr. Clifton A. Warner, made on June 20, 2001 where he ordered six complaints against the applicant to be tried on indictment rather than summarily.

2 The application was supported by a statement filed pursuant to the Rules of The Supreme Court as well as an affidavit by Mr. Kharl Markham of the law firm of Allen Markham and Associates, both filed on the said July 18, 2001.

3 There was a Supplemental affidavit filed on October 10, 2001 to which was exhibited a copy of the decision of the learned magistrate.

4 There was also exhibited to the affidavit filed on July 18, 2001 copies of the six charges preferred by the Commissioner of Police on February 15, 2001 in respect of offences allegedly committed by the...