George Walter and Others Appellants v Victor Browne and Others Respondent [ECSC]

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: PETERKIN. J.A.:,CHIEF JUSTICE
• Judgment Date: 06 January 1977
• Judgment citation (vLex): [1977] ECSC J0106-2
• Docket Number: CIVIL APPEAL NO. 5 of 1977
• Date: 06 January 1977

[1977] ECSC J0106-2

IN THE COURT OF APPEAL

Before:

The Hon. Sir Maurice Davis, Q.C.—Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Peterkin

CIVIL APPEAL NO. 5 of 1977

Between:

George Walter and Others

Appellants

and

Victor Browne and Others

Respondent

Appearances:

Dr. F. Ramsahoye for Appellants, G. Watt with him.

The Attorney-General and T. Hosein for Respondents, C. Richards with them.

PETERKIN. J.A.:

1 This is an appeal against the judgment of Bishop J. refusing a declaration to the Appellants. The motion giving rise to this appeal was filed on 13th May, 1977, and sought the following relief:—

• "(a) A Declaration that the date 23rd May 1977 is a the correct date fixed for the commencement of the hearing of preliminary inquiries relating to the charges mentioned and referred to in the schedule hereto.

• (b) that if the hearing of the preliminary inquiries relating to the charges mentioned and referred to in the schedule hereto are not commenced on 23rd May 1977, there be an order restraining the Respondents or any of them from prosecuting holding conducting or in any way proceeding with the charges mentioned and referred to in the schedule hereto, and a declaration that prosecutions for the said charges be forever barred and

• (c) Such further or other relief as the circumstances of the case may require."

2 At the hearing, before the Judge Counsel for the Appellants abandoned the relief sought in para (b), and informed the court that he would not urge the third ground set out in the motion.

3 The remaining two grounds were:—

• "(a) the date 23rd May 1977 as the date for the commencement of the hearing of the charges mentioned and referred to in the schedule hereto was made in open court after judicial consideration of all the facts pursuant to the provisions of 37, 41, 47, 54 and 67 of the Magistrate's Code of Procedure Act Cap. 48 and the Chief Magistrate has no power to adjourn the said fixture in the manner in which he attempted so to do or at all.

• (b) the suggested date of 7th July 1977 or any date after 23rd May 1977 is not a date "within a reasonable time" as envisaged by section 8 of the Constitution and was not made in accordance with the provisions of the Magistrate's Code of Procedure Act Cap. 48."

4 The relevant facts emerge from the affidavits and exhibits. They show that on 21st February, 1977, the Appellants were arrested and charged with a number of indictable offences, and were taken before Magistrate Singh. Their cases were adjourned to 1st March, and they were remanded on bail. Thereafter, there were a number of adjournments of these matters, and of five others laid on 21st March against the Appellant Halstead, up to 19th April. On each occasion Magistrate Singh adjourned the preliminary inquiries and remanded the Appellants on bail. On 19th April the matters were called, and, after hearing both sides, Magistrate Singh again adjourned them to 23rd May. It would appear that both sides were consenting to an adjournment to that date. Again the Magistrate remanded the Appellants on bail, and they were ordered to appear on 23rd May.

5 On 22nd April, the Chief Magistrate (Respondent Victor Browne), while sitting in his civil jurisdiction in open court referred to the preliminary inquiries and informed Counsel for the Appellants who was then sitting in court that the inquiries would not...