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Robinson, Kenya v Her Honour Ms Sasha Ashley

Court: 
Supreme Court
Subject: 
Judicial Review
Catchwords: 

Judicial Review-Committal proceeding-Committal proceedings conducted by a single judge of the parish court sitting an an examining justice in a court of petty sessions-Accused person committed to stand trial in the circuit court for the offence of murder-Whether the decision of the examining justice is amenable to judicial review-Whether the statutory requirements for a committal on paper were complied with-Whether the impugned witness statement met the statutory requirements for admissibility-Whether the impugned witness statement purports to be signed by the maker and the recorder in the presence of each other and in the presence of a senior member of the police force-Whether the examining justice erred in her finding that the implunged witness statement was admissible-Insufficiency of evidence-Whether the decision of the examining justice is intra vires the statute-Whether there is an adequate alternative remedy which is available to the claimant-Whether the decision of the examining justice ought properly to be quashed-Statutory interpretation-Committal Proceedings Act, sections 2, 3 and 6, Committal Proceedings Rules, rule 26, Civil Procedure Rules, 2002, as amended, Part 56

Document Type:

Year: 
2025
Suit/Claim number: 
SU2023CV00221
Neutral Citation: 
[2025] JMFC Full 04
Judge(s): 
Thomas J, Nembhard J, Staple J