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Counsel Submits Committal Is Nullity, As Magistrate Or dered Witness Arrested, Conducted Inquiry Against Him, Then Committed Him For Trial Before Jury HE ACTION OF A MAGISTRATE in ordering the ar rest of a witness in a preliminary examination then proceeding to hold an inquiry into a charge and com mitting the accused for trial before a jury, was made the subject for a motion to quash an indictment in the Home Cir cuit Court yesterday afternoon. Ellis Sharpe and Jackshim were placed on trial yester day, before the Honourable Chief Justice, Sir Robert Fur ness. Sharpe is charged with uttering a forged document for goods and for obtaining goods by false pretences, while Shim is charged with receiving. Mr. H.R Ballysingh, Crown Prosecutor, is representing the Crown, while Alp. N. O. Manies, K.C., instructed by Mr. N.N. Ash enheim, of the arm of Mithell and Ashenheim and Stone, is defending Shim. Sharpe is not represented by counsel, Mr. Menley amoved for the quashing of the indictment, on the ground that there was no proper committal of the accused pursuant and in the meaning of section 2 of Chapter 479. The committal was made by the Magistrate, he said, in the ordinary form provided by statute which dealt with prelim inary examination, and he submet ted that the Magistrate was incom petent to take the preliminary ex amination, and accordingly that the committal was a nullity. SUBMISSIONS: Learned counsel cited two cases in support of his submission, pointi ng out that in both cases it we held that provedural defects in at mnquirs would render a committal void and all subsecpient proceed es erraneers on law. In this case, three informations were laid by Peter ve Rieharen James against Ries Sharpe on Oc tober 2 last, ame no due course Sharpe was teadgest before the Magistrate, anes. Cor eper 433 and the inquiry was ver: perce on the th of October and continued and included the evicere of Jack Shim The depositon of Seem had since been removed free the original bundie, and no copy of the deposi tions was handed = fis solicitors for the purpose of contieting the second a preliniivey examination. Those papers were get from the court, Mr. Balivsineli Yo of Honour, T have the polee statements as well as other papers who s torn the ex hibits. Mr. Mantes: Tt o.co. tendered in evidence subsequent: 1) was re moved from the arespundle of deposition, tendered 21 evidence and marked L.M. 9 . It is mark ed, but [I cannot find at what part of the depositions it got into evi dence, Mis Honour: Mr. Ballysingh, where did you get Shim’s deposi tion from? : Mr. Ballysingh: It came from the police, with the other exhibits in the case Mr. Maniex After the accused Jack Shiny had given evidence and other witnesses had been taken, the Maistrate announced as for Jesus: “At this stage, I order that Jack Shim be arrested on a charge of receiving three tierce of codfish knowing them to have been stolen, and I postpone the examination into the charge against the prisoner Sharpe in order that the examina ton into the charge against Shim
Newspaper Details
Kingston Gleaner
Kingston, Kingston, JM
Thu, Jan 16, 1941
Page 7
Full Page
Clipped by
Robert A.
USA 06 May 2026
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