CJ orders lawyers to re-file ‘Lord Evil’ bail application

by Tameisha Sobers

A bail application for Andre Omar Jackman, alias Lord Evil, had to be withdrawn today.

Queen’s Counsel Michael Lashley brought the matter before Justice of Appeal Jefferson Cumberbatch in May this year, challenging the decision of High Court Judge Margaret Reifer, who had denied an application for bail for Jackman. Reifer’s decision was upheld.

Jackman, of Stroud Bay, Crab Hill, St. Lucy is currently in jail having breached his curfew in connection with charges before the court.

The matters relate to a firearm, endangering life and criminal damage.

Today, Chief Justice Patterson Cheltenham dismissed the matter which sought to challenge Justice Cumberbatch’s decision.

He stated that the appeal before Cumberbatch “had been dealt with in a court that had no jurisdiction simply because it was not an appeal under the Criminal Appeal Act”.

It was suggested that Queen’s Counsel Michael Lashley re-file a “properly filed” appeal” as he had no such appeal before the court today.

“You are purporting to appeal the decision of JA (Justice of Appeal) Cumberbatch?,” the CJ asked to which Lashley replied “yes”.

“But the decision by Cumberbatch JA is by way of a rehearing – and what is the authority of that?”

He pointed counsel to sections of the Criminal Appeal Act Cap 117 A and stated that the appeal filed and argued before Cumberbatch on May 12, 2020 was “an exhausted and nugatory” one because a single judge would not have had that jurisdiction under the Criminal Appeal Act.

The Chief Justice said Lashley had assumed that Cumberbatch, as a single judge of the COA (Court of Appeal), had jurisdiction under Criminal Appeal Act CAP 117A section 53.

He informed the attorney that “any decision given pursuant to that application you had made is in effect nugatory”.

The Chief Justice noted that if Lashley wants to challenge Reifer’s decision regarding denying bail and other issues, the appropriate documents, including grounds of appeal, would have to be filed.

“This appeal that you have filed is an exhausted and nugatory…Therefore you have no current appeal before the Court of Appeal.

“You argued this before Cumberbatch. It can’t be the same one you are bringing before us because it was misconceived in law, so therefore you have no appeal before the court as presently constituted,” he said with reference to today’s application.

“You assume that the appeal you filed in May 2020 was still live. My view is that it is dead because it has been disposed of,” the CJ added.

Senior Crown Counsel Neville Watson agreed with the court that the decision by Cumberbatch was nugatory and said Lashley “would have to go and come again” as there was “nothing live to be heard”.

Lashley agreed to re-file another application with respect to the order made by Justice Reifer, formally withdrawing the present application filed on October 15, 2020. Watson said the prosecution would prepare to respond.

The court dismissed the matter and Lashley will re-file in two weeks. (TS)