The Director of Public Prosecutions, Paula Llewellyn, is suggesting that Chief Justice, Zaila McCalla, should ‘have a word’ with Chief Parish Judge, Judith Pusey, about her professional conduct.
Her suggestion comes as there are more concerns and criticism of a ruling by judge Pusey in 2015 which caused a woman to spend two months in prison without being tried.
The conviction of the 33-year-old woman, Nerice Samuels, was quashed by the Court of Appeal on Wednesday.
The Court also set aside her six-month sentence for unlawful wounding which Pusey imposed on her reportedly without a trial, testimony, or lawyer.
One Court of Appeal judge, Justice Patrick Brooks, has reportedly said the situation should’ve never happened.
DPP Llewellyn says she’s also ‘stunned’, adding there was a lack of due process. She believes the Chief Justice should speak with Pusey about the matter.
She says she’s apologised to Ms. Samuels.
Samuels only spent two of her six-month conviction in prison. She was granted bail in December 2015, a month after she filed an appeal through her lawyer, Cecil Mitchell.
In light of the appeal, judge Pusey has reportedly suggested a retrial before a different judge.
However, Ms. Llewellyn says her office will not order a retrial ‘in the interest of justice’.
Meanwhile, veteran attorney, K. Churchill Neita, says he’s never seen such a situation before. He says there should’ve been a trial.
He says he finds the sentence imposed on the woman ‘excessive’ and ‘harsh’.
K. Churchill Neita says the matter could’ve been referred to mediation.
Ms. Samuels was brought before judge Pusey in the Corporate Area Parish Court in October, 2015.
She was charged with unlawful wounding arising from a stone- and bottle-throwing incident earlier in the year, involving a woman and her son in Franklin Town, St Andrew.
Ms. Samuels was reportedly sentenced after ‘discussion’ involving judge Pusey, the complainant and herself.
The DPP says Pusey has said she was of the distinct impression that the accused, after discussion, had accepted responsibility for injuring the woman.
This, although she initially said she was not guilty.
Samuels’s attorney, Cecil Mitchell, says it’s not the first time he’s seen this happen. Mr. Mitchell says he’s dealt with two other similar cases.
He says Ms. Samuels intends to sue the state for compensation.