DPP Appears Before Court Of Appeal To Overturn Lower Court’s Decision That DPP’s Actions In The McKeeva Bush Case Amounted To An Abuse Of Process
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By Alric Lindsay
Lawyers for McKeeva Bush confirmed that on Tuesday, November 12, 2024, the Office of the Director of Public Prosecutions (DPP) appeared before the Court of Appeal to overturn a decision by a lower court that previously ruled that the DPP engaged in an abuse of process. This was in relation to two alleged indecent assaults at the Ritz Carlton, where the lower court found issues with the way that the DPP conducted the case.
What allegedly happened at the Ritz Carlton?
Based on a case heard on February 28, 2024 and a judgment delivered on April 11, 2024, by the Honourable Mr. Justice Stanley John, the following is the chronology of alleged events:
i. On the 13″ September 2022, there was a reception at the Ritz Carlton Hotel, West Bay, to welcome delegates attending a conference under the umbrella of the Caribbean Tourist Organization (CTO). The CTO is the region s tourism development agency, to which many countries belong.
ii, The defendant, a Member of Parliament (MP), and a well-known public figure, was in attendance, As set out in the indictment, it was alleged that he indecently assaulted [X] and [Y]
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The judgment added:
v. The defendant may have had too much to drink, In the case of [X], a { redacted] while she was pulling away from the defendant from an uncomfortable hug, he kissed her on the shoulder and said “Oh, see your husband there” and as she turned around, he added “If he sees me doing this he would not like it” and he kissed her on the shoulder:
That incident was captured on CCTV.
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vii. Before leaving the defendant got hold of the hand of [Y] and gave her a love bite (hickey”) on her arm or wrist. That event was not captured on CCTV. She, however, did show the mark on her hand to [X] who saw what may have been a shallow teeth impression. [X] later made a little sketch of that for the police.
Due to the allegations, Bush appeared on an indictment containing four counts before the lower court. Counts one (1) and (3) pertained to the alleged indecent assault and common assault of [X]. Counts two (2) and four (4) pertained to the alleged indecent assault and common assault of [Y].
During the lower court trial, Bush’s lawyers made an application that the proceedings be stopped because “due to the conduct of the Prosecution, there was an abuse concerning counts two (2) and four (4).”
The lower court held that “the prosecutorial system was being misused by person/s with their own agenda” and “The manner in which the Prosecution was conducted in relation to [Y] caused the Court a great deal of disquiet, and the Court invoked its inherent jurisdiction to stay the proceedings to prevent any abuse of process.”
What happened before the Court of Appeal?
According to Bush’s lawyers, the DPP appeared before the Court of Appeal on November 12, 2024, to overturn the above decision.
Bush’s lawyers shared that while the DPP wanted the matter to be heard on November 12, 2024, Bush’s lawyers resisted and suggested that it be a mention date for directions.
Bush’s lawyers commented that they took this approach because they were reportedly experiencing a “very drip drip disclosure practice by the Prosecution” which reportedly caused challenges for Bush’s defence team.
Bush’s lawyers implied that this practice was “in large part… the root cause of our previous abuse of process submissions which Justice John accepted and ended the trial now being appealed by the Office of the DPP.”
Since this case is a matter of public interest, members of the public now eagerly wait to see how this matter will progress before the Court of Appeal.
