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Government has signalled its intention to appeal recent decisions in which accused men were awarded hundreds of thousands of dollars in compensation after the courts found their constitutional rights were infringed.This was made clear on Friday by Attorney General Dale Marshall who said the State will challenge the rulings of Justices Cecil McCarthy and Cicely Chase who awarded Pedro Ellis and Larry Patrick Agard a combined $155 000.Justice Chase awarded Agard $95 000 for the 14-year delay in having his matter heard, while Justice McCarthy awarded murder accused Agard $60 000 after he ruled that his constitutional rights to a fair hearing within a reasonable time and to bail had been breached.Ellis had also been awarded $75 000 by Justice Shona Griffith for being unlawfully detained for 18 days after he was acquitted of murder.“In each of those cases, the issue was the delay that besets the criminal system and how it has infringed individual’s constitutional rights and in each of t ....
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. ....