Simpson-Miller, The Hon. Mrs. ; Pickersgill, Robert et al v The Attorney General and the Director of Public Prosecutions

Case Number: 
2011HCV07019
Neutral Citation: 
[2012] JMFC FULL 4
Date of Delivery: 
20.09.2013

Constitutional law - Fundamental rights and freedoms - Mutual legal assistance in criminal matters - Request of foreign state for taking of evidence from witnesses in Jamaica - Witnesses refusing to co-operate – Application of central authority for order for witnesses to give evidence on oath - Order granted – Whether order an abuse of process – Whether order breached constitutional rights of witnesses - Right to equitable and humane treatment – Right to be free from discrimination on political grounds - Right to fair hearing – Right to due process - The Mutual Assistance (Criminal Matters) Act 1995, ss. 6; 9; 16; 20 (1); 20(2); 20(3); 21; 25 (2); 25 (3) - The Mutual Assistance (Criminal Matters) (Foreign States) Order, 2007; the Charter of Fundamental Rights and Freedoms (Amendment) Act, 2011, ss, 13 (3) (h); 13 (3) (h) (i) (ii); 16 (2); 16 (3); 19 (1); 19 (3)

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