By Latrishka Thomas
A new date has been set for former Minister of Social Transformation and Gender Affairs, Dean Jonas, to answer to the five criminal charges against him.
These charges include resisting arrest, using threatening language, disorderly conduct, and assault and battery. The charges stem from an incident at Jonas’s Scott’s Hill residence on February 23.
The incident reportedly occurred following a dispute between Jonas and the mother of one of his children over child custody.
During the initial court appearance, Jonas’s legal representatives, Wendel Robinson and George Lake, contended that the police lacked jurisdiction to prosecute criminal cases under Section 31 of the Criminal Prosecutions Service Act, passed in 2017. This act repealed Section 31 of the Police Act, Cap. 330.
Subsequently, Chief Magistrate Joanne Walsh informed the court that her research showed the law was enacted on November 11, 2021. Nine days later, the Director of Public Prosecutions (DPP) issued a letter granting the police the authority to prosecute cases in magistrates’ courts.
During a later hearing, the defense sought to dismiss the case again, arguing that the Commissioner of Police cannot initiate criminal proceedings without explicit authorisation from the DPP, as specified in Section 27 of the same Act.
The magistrate rejected this argument, stating that the DPP doesn’t have to handle minor cases individually and delegates this responsibility, as evidenced in the DPP’s letter to the police prosecution.
The case faced delays on previous occasions, including one due to the misplacement of court building keys and another due to a sit-in staged by prosecutors and other police officers in July. The matter is now set to proceed on November 9, following the recent postponement.
