JUSTICE Brassington Reynolds has quashed the committal order and indictment against Quacey Cort, who was previously indicted for maliciously inflicting grievous bodily harm on Rajkumar Ganiadoo, formally discharging the twelve member mixed jury.
Delivering his ruling, the judge said the committal made on September 27, 2010, was bad in law and ineffective, as the magistrate failed to find a sufficiency of evidence, as guided by Section 71 of the Criminal Law Procedure Act.
Last Thursday, defence counsel Mursulene Bacchus advanced legal arguments, in the absence of the jury, before state prosecutor Dionne Mc Cammon made her opening address, but the judge had deferred his ruling.
The leading defence counsel, who is associated with Mr Rabindranauth Singh, had argued that the committal was flawed because the magistrate who did it had failed to comply with the mandatory provision of Section 65 and 71 of the Criminal Law Procedure Act.