Thursday, February 27, 2020

No impunity in Jamaica, at least on these facts

The 2-1 decision of the Supreme Court of Jamaica's Constitutional Division (referred to here) in Clarke v. Tinglin [2020] JMFC Full 01 is now available. The majority held--
(1) In the circumstances of this case, the issuing of the Good Faith Certificates was manifestly unfair and unreasonable and therefore the Good Faith Certificates are null, void and invalid;

(2) The defendants may not rely upon the Good Faith Certificates at the trial of this matter.
The certificates, which would have created a rebuttable presumption favorable to the accused members of the Jamaica Defence Force, had not been issued until six years after the events at issue and four years after indictments had been handed down.

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).