Lead defence attorney, Hugh Wildman, attempted this morning to have the matter against CMU President, Dr. Fritz Pinnock, former Education Minister, Ruel Reid and their three co-accused dismissed.
All five are before the courts on several corruption related charges.
The charges stem from an investigation at Caribbean Maritime University and the Education Ministry.
Mr. Wildman attempted to have the charges quashed when his clients appeared in the Kingston and St. Andrew Parish Court.
The matter is being heard by Chief Parish Judge, Chester Crooks.
Tauna Thomas was in court.
This is the second attempt by Mr. Wildman to have the matter against his clients dismissed.
The first attempt was rejected in the Supreme Court late last year.
On December 24, the Supreme Court had rejected an application for a Judicial review challenging the Financial Investigation Division, FID’s authority to charge Reid and Pinnock.
Wildman had argued at the time that the FID wasn’t an investigative body with the legal authority to lay charges.
But the Supreme Court ruling made by Chief Justice Bryan Sykes had noted that the Constabulary Financial Unit of the FID is staffed with members of the Jamaica Constabulary Force.
Today, Mr. Wildman rose to begin an application for the charges to be dismissed on a similar argument that they weren’t properly laid.
Mr. Wildman argued that the FID had no jurisdiction to bring criminal charges against anyone in Jamaica.
He says charges brought by Brendan Williams and Dwight Falkner of the FID were unauthorised.
However he did not give reasons to support the argument.
Nationwide has since been informed that both Williams and Falkner are JCF officers within the Constabulary Financial Unit of the FID.
Presiding Judge Crooks intervened while Mr. Wildman was on his feet.
He told the attorney that the Office of the Director of Public Prosecutions had just entered the matter and would need time to see if his arguments were relevant.
Judge Crooks says while he wasn’t dismissing the attorney’s arguments, the Crown would need time to respond.
Mr. Wildman again rose to his feet and declared that he was making it clear for the record that the accused weren’t properly before the Court.
He says quashing the matter was of absolute urgency.
According to the senior attorney, the government may need to create a supplementary budget to pay off the law suit of his clients if the matter continues.
The matter has been set for mention again on April 8.
Judge Crooks has ordered for Mr. Wildman to make written submissions regarding his preliminary application to have the charges dismissed.
Those submissions will also be served on the Crown.
Mr. Wildman says he intends to pass on the submissions he’s preparing for the Full Court to the Parish Court as well.
The senior lawyer is heading to the Full Court on February 10.
It’s scheduled to hear an application for judicial review.
Mr. Wildman is heading to the Full Court to have the charges quashed because the Supreme Court rejected his application in December.
