 |
Hon. Marva
McDonald-Bishop |
A single judge of the Court of Appeal of Jamaica has stayed the civilian trial of three Jamaica Defence Force soldiers who claim the benefit of belatedly-issued "good faith certificates" in connection with a controversial shooting death ten years ago. The May 5, 2020 decision in chambers by Judge
Marva McDonald-Bishop came in
Tinglin v. Clarke, [2020] JMCA App 24. She found that the soldiers stood a better than fanciful chance of success on the merits. Presumably the full Court of Appeal will now address the merits of the soldiers' claim that they are entitled to the benefit of the certificates, which would in all probability mean they would be acquitted.
Surely it seems problematic to permit the authorities to issue good faith certificates six years after the fact, but Judge McDonald-Bishop was skeptical that doing so violated some specific provision of the Constitution.
News coverage in
The Gleaner can be found
here.
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