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Whyte, Neville v The Attorney General
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