By Latrishka Thomas
A procedural misstep by the prosecution could lead to the dismissal of charges against Dean Jonas, the former MP for St George and ex-Minister of Social Transformation and Gender Affairs.
Jonas currently 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, and assault and battery.
The charges reportedly arose from 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, attorneys Wendel Alexander and George Lake, making several attempts to have it dismissed.
Their most recent argument centres on the prosecution’s apparent failure to serve Jonas with new charges they had filed. This latest development has put the case at risk of being thrown out entirely.
The need to refile charges is 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 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.
This decision also necessitated the re-filing of many cases – from the day the law was enacted to the day of the ruling in April 2023 – including that of Jonas.
In Jonas’ court hearing yesterday, 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.
Magistrate Dane Hamilton Jnr expressed concern about the efficiency of the court system, noting public expectations.
He stated, “I am extremely dissatisfied, especially noting public criticism of the court when things go wrong.”
During the proceedings, Jonas was observed smirking at the magistrate’s remarks.
Hamilton has reserved his decision until Monday, stating he wishes to provide written reasons for his ruling.
