By Tahna Weston
In a case described by defence attorney Wendel Alexander as a “matter of high public interest”, Magistrate Dane Hamilton Junior has delayed his decision in the matter involving former parliamentarian Dean Jonas.
Jonas now has to wait several more days to find out whether the charges brought against him by the police will be dismissed.
Jonas, the former MP for St George and ex-Minister of Social Transformation and Gender Affairs, faces multiple charges stemming from an incident at his Scott’s Hill home on February 23, 2023.
These charges include resisting arrest, using threatening language, disorderly conduct, assault and battery.
Magistrate Hamilton, who was due to give his decision based on submissions made by the defence and prosecution on a previous occasion, again adjourned the matter when it was called up yesterday saying that his written decision was still not ready.
Hamilton adjourned the matter to September 10 which will allow him time to put his decision on paper.
He apologised to Jonas for the further delay, saying he would prefer to render his judgment with it already in writing, clearly outlining the reasons for him arriving at his ruling. He said that it would be completed by September 5.
Hamilton explained that he had considered a suggestion put forward by Alexander last Friday to give his decision and then produce it in writing, but said he wanted it readily available “then and there”.
Alexander, while agreeing to the adjournment, told the court that, amid trying times, Jonas was anxious and wanted to get this chapter of his life closed.
He also said that the decision will have ramifications for further proceedings.
A procedural misstep by the prosecution led to Alexander making a submission on behalf of his client for the matter brought against him to be thrown out.
The charges reportedly arose following a dispute with the mother of one of his children over custody issues.
The case has been ongoing for over a year, with Jonas’ legal team, Alexander and attorney George Lake, making several attempts to have the case dismissed.
Their most recent argument centred on the prosecution’s apparent failure to serve Jonas with new charges they had filed. This latest development is what puts the case at risk of being thrown out entirely.
The need to refile charges came about as a result of a recent landmark ruling by Justice Ann-Marie Smith.
That ruling came after Alexander filed a writ of habeas corpus ad subjiciendum for a rape accused who had been on remand since October 2022.
Alexander argued, in that matter, that his client’s detention was unlawful based on the Criminal Prosecutions Act 2017.
This Act, enacted in November 2021, requires the Director of Public Prosecutions (DPP) to authorise criminal proceedings in writing.
Justice Smith’s interpretation of the law led to the immediate release of Alexander’s client and thus also necessitated the re-filing of several cases – from the day the law was enacted to the day of the ruling in April 2023 – including Jonas’ case.
In Jonas’ court hearing last week, the prosecution was unable to present legal precedent to support the fact that they did not serve the defendant with the new charges and therefore the claim that the case should not be dismissed.
Despite also being unable to find relevant case law, the defence maintained that the case should be dismissed due to its prolonged duration without progress.
This lack of precedent from both sides has left the court in a challenging position.
