Burrows and Gilbert v Watkins and Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Campbell, J.A.
• Judgment Date: 09 April 1992
• Docket Number: Common Law Side No. 205 of 1992
• Court: Supreme Court (Bahamas)
• Date: 09 April 1992

Supreme Court

Campbell, J.A.

Common Law Side No. 205 of 1992

Burrows And Gilbert

and

Watkins And Commissioner of Police

APPEARANCES:

Mr. N. Zervos for plaintiffs

Mrs. C. Christie, Solicitor-General (Ag) for defendants

Practice and procedure - Judge acts under section 47(1)(a) and (e) of the Criminal Procedure Code Act — Case to be transferred to another stipendiary and circuit magistrate as it stood before amendment — Any application by prosecution before new magistrate not precluded.

ORDER

1 HALL, J.

2 I specifically decline to decide on the matters raised in the Instant notice of motion but, on the evidence before me, in exercise of the powers contained in section 47(1)(a) and (e) of the Criminal Procedure Code Act, I order that the instant case be transferred to another Stipendiary and Circuit magistrate in New Providence in the form as it stood before any der for amendment as would have been made on 5th December, 1991.

3 For the avoidance of doubt, I specifically state that the order now made is not intended to preclude any application which the prosecution might wish to make before a new magistrate in respect of the charges.

4 DATED this 9 ^th day of April 1992.

Burton P.C. Hall, J.