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State wins section 34 Appeal

NEWS GRAPHIC 6The State achieved success yesterday morning in the Court of Appeal against two businessmen and an insurance company.

Businessmen Steve Furgesson and Ameer Idoo along with Insurance Company Maritime General contested the judgement of High Court judge Justice Mira Dean-Armorer who in April last year dismissed all eight grounds raised by them in their bid to challenge the constitutionality of the repeal.

Justices of Appeal Allan Mendonca, Peter Jamadar and Gregory Smith on October 24, last year, reserved their ruling in the appeal filed by businessmen Steve Ferguson, Ameer Edoo and Maritime General challenging a High Court judge’s decision, to dismiss all eight arguments they raised in their constitutional motion.

It was their contention that the amendment to the Administration of Justice (Indictable Proceedings) Act – which gave effect to the repeal of Section 34 – was an abuse and infringement of the constitutional right to protection of the law.

They also contended that Director of Public Prosecutions (DPP), Roger Gaspard SC, abused his power by recommending to the Attorney General (AG) that Section 34 had to be repealed to save the criminal prosecutions in the Piarco Airport fraud matters.

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