Whyte, Neville v The Attorney General

Case Number: 
2007 HCV 042356
Date of Delivery: 
12.02.2008

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THIS MATTER OF SECTION 5A OF THE PAROLE

CLAIM NO. 2007 HCV 042356

BETWEEN NEVILLE WHYTE APPLICANT

AND THE ATTORNEY GENERAL RESPONDENT

c Lord Anthony Gilford QC and Mrs. Helene Coley-Nicholson for the

m Applicant

Mr. Curtis Cochrane instructed by the Director of State Proceedings for

the Respondent.

Heard on 12'~F ebruary 2008

Application for leave to apply for Judicial Review

MORRISON, J (Ag.)

By way of Notice of Application for Court orders dated 25th October

2007 this applicant seeks an order of certiorari to quash a decision dated

17th December 2003 and recorded in an order dated 12th September

2007. The order complained of is that of the Honourable Mr. Justice

Cooke J.A. who decided that Neville Whyte should not be eligible for

parole until twenty years have elapsed. The commencement date of his

revised sentence was 2nd May 1990.

Further, the applicant sought a declaration to say that he is

entitled to have his application for parole heard and determined by the

Parole Board. The applicant has set out a number of bases in support of

his application. In gradatim, that he was not informed of the hearing at

which his case was to be considered; that he was not given an

opportunity to be represented at this hearing or to make representations

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