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#2022YearinReview - Court made historic rulings in 2022

The year 2022 was one of landmark judicial cases. It started with the constitutional challenge to the snap general election called by Prime Minister Mia Mottley, two years before it was constitutionally due. The action brought by attorney-at-law Lalu Hanuman on behalf of Philip Catlyn, challenged Prime Minister Mia Mottley’s decision to call the election while the COVID-19 pandemic was raging. The

Ex murder accused files another constitutional motion

Former murder accused Pedro Deroy Ellis has brought yet another claim against the state for breach of his constitutional rights, seeking a third payout.Back in August, he was awarded $60 000 in compensation after a High Court judge ruled that his right to a fair hearing within a reasonable time as well as his right to bail had been breached. It was the second such victory for Ellis and his legal team who in July won $75 000 in a related case.In the latest matter, he claims his fundamental right to a fair hearing within a reasonable time, guaranteed under Section 18(8) of the Constitution, was breached as a result of the 29-month delay in rendering a judgement on his previous consolidated constitutional claim against the state.

Government appealing two trial delay awards

Government is appealing two of the cases in which three men were awarded thousands of dollars in damages because of the length of time it took for their cases to be tried. While acknowledging that delays in trials and missing files were a problem, Attorney General Dale Marshall said the state was “fighting back” on the legal fundamentals. One of the men was Pedro Deroy Ellis, who was awarded $75 …

Barbados: Aquitted Murder Suspect Gets Additional US$30, 000 in Damages

Barbados: Aquitted Murder Suspect Gets Additional US$30, 000 in Damages
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Former accused wins more money as judge laments underfunded Justice system

A civil judge has cautioned that the justice system is underfunded and significantly under-resourced and will continue to face “embarrassing” situations if action is not taken to fix the problem.Justice Cecil McCarthy raised his concern on Wednesday as he awarded another $60 000 in compensation to former murder accused Pedro Deroy Ellis whose constitutional rights were breached, and also praised his lawyer for taking on the State in such matters.He further suggested that Ellis’ victory in this matter and other cases against the State should spur the powers that be to address “a very difficult phase in terms of the administration of justice”.The quantum of the award to be paid to Ellis was handed down just under two weeks after Justice McCarthy ruled that the former accused’s right to a fair hearing within a reasonable time as well as his right to bail had been breached.

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