A case of conspiracy brought against former attorney general, Bernard Wiltshire and four others, was dismissed on Monday for want of prosecution.
The matter has been before the court for three years and when it was called on Monday, magistrate, Arley Gill, dismissed it on the grounds that the prosecution was not ready for the first stage of the process, the committal stage, without a valid reason.
The magistrate said it would be unfair to continue with the case and noted that the office of the Director of Public Prosecution had failed to follow the order of the court on more than one occasion to come to court prepared to proceed.
Other persons involved were Harolda Henry, and public servants, Lyndon Marie, Nash Mitchel, and Kimana James.
The charges included forgery, possession and uttering of forged passports of the Commonwealth of Dominica and birth certificates.
James was facing five charges in relations to that matter, while Mitchell and Marie allegedly forged documents of persons with Islamic identities.
In court on Monday an attorney, who represented the office of the Director of Public Prosecution (DPP), asked for the matter to be adjourned on the grounds that the lawyer who used to deal with the matter, Athlyn Nesty, is no longer attached to the DPP’s office.
Information also revealed that the new attorney is currently on sick leave.
It was also revealed the matter is still incomplete.
Attorney Zena Dyer, who was holding on for Wiltshire’s attorney, David Bruney, said the excuses for an adjournment did not add up.
“The excuses are not to be accepted,” she said.
She stated further that on March 25, 2014, magistrate Arley Gill said Monday’s appearance would be the final adjournment.
Also in May 2014, when that matter appeared before Magistrate Bernard Pacquette, the Office of the DPP indicated that the “bundle of paper committal” would be ready by today (Monday).
“In this circumstances the matter should be struck out…when they are ready they will prepare the bundle and come back to court,” Dyer argued.
Magistrate Gill told the court that the reason given by the DPP’s office is not sufficient.
“First counsel had some emergency, later finding out counsel who carried out the matter is ill,” he stated. “This matter is a 2011 matter, going on three years. It is unfair and unjust to have defendants coming in and out of court and prosecution isn’t ready…all matters have been struck out.”
Wiltshire has always denied the charge, saying it was an act of discrimination by political and other foes. He said there was no evidence on which such charge could ever have been made out in a court of law.
He told DNO that he is consulting his attorneys to consider how he can “clear his name completely and get some redress for the unjustified injury that has been done to his reputation, career and health.”