Jump to content

Attorney General Retires On Grounds Of Ill Health


ManxTaxPayer

Recommended Posts

Being entirely honest, I generally find the forum informative, engaging, and entertaining. There's a lot of stuff that would never see the light of day if left to the established/establishment media, some great debates, and some genuine laughs.

It is a shame, however, that some threads can descend into squabbling and name calling so quickly, and there seem to be so many angry people who just want an opportunity to shout at someone - before Manx Forums they probably screamed at seagulls on the prom for being 'too beaky'.

I mean, look at my first posting experience - an immediate attack. The balance, however, has been positive, with other posters being reasonable and helpful. The forum is a good thing.

Any way, back on topic, I'm looking forward to further developments on the @Truthsayer post later today. Fingers crossed.

  • Thanks 3
  • Haha 1
Link to comment
Share on other sites

16 hours ago, BriT said:

Let’s get quizzical! 

Still no announcement of this monumental news then. 

There is, as I took the friendly advice I was given and messaged @Truthsayer and they have politely responded.

As they posted would happen, a judgment was handed down yesterday. Is it monumental news? You can all probably judge for yourselves.

Choice quote:

"I am satisfied that the court below has erred in law in coming to the decision that Mr Green KC was authorised to institute these criminal proceedings. The effect of his lack of authority is that they are a nullity. I therefore quash the ruling of 22 November 2022 and declare that the criminal proceedings purportedly commenced on 13 May 2022 against all the Defendants are a nullity."

The whole thing is at https://judgments.im/content/Judgment 110523.pdf

Whether a significant criminal case being nullified due to what some may see as a lack of understanding of the law and processes within government is monumental or not is really a matter of opinion. Personally, I think it's the type of thing that might warrant a small mention in the island's media, as the original case did, but perhaps it's no big deal...

  • Thanks 1
  • Haha 1
Link to comment
Share on other sites

On 5/7/2023 at 10:59 AM, Truthsayer said:

The AG’s needs a full investigation. Error after error.  Not fit for purpose.

Abbotswood, Ranson, and another one to be announced this week.

Apparently a senior “acting” official had their appointment lapsed in 2017. Didn’t stop them from getting paid, supervising investigations, instituting prosecutions.

All the prosecutions were illegal, null and void.

Expect egg on faces, costs awards, damages.

Rotten to the core.

https://www.manxradio.com/news/isle-of-man-news/perjury-case-nullified-because-acting-ag-wasnt-authorised-to-issue-summons/

 

Guess this is the story. Bit different to someone acting for years and loads of prosecutions now in jeopardy 

  • Like 1
Link to comment
Share on other sites

13 minutes ago, thommo2010 said:

https://www.manxradio.com/news/isle-of-man-news/perjury-case-nullified-because-acting-ag-wasnt-authorised-to-issue-summons/

Guess this is the story. Bit different to someone acting for years and loads of prosecutions now in jeopardy 

It depends on the detailed implications of the judgment.  The timeline is complicated and there may be other cases that are affected because of invalid or invalidated appointments.  The real mystery on this is why the case was suddenly revived after seven years - or alternatively why it wasn't proceeded with sooner.

But yet again it shows the AG's Office in a very bad light. especially the way: Mr Green appeared to have been taking instructions straight from the Isle of Man Constabulary, something the Deemster described as 'a matter of constitutional concern'.

  • Like 1
  • Thanks 1
Link to comment
Share on other sites

22 minutes ago, Roger Mexico said:

But yet again it shows the AG's Office in a very bad light. especially the way: Mr Green appeared to have been taking instructions straight from the Isle of Man Constabulary, something the Deemster described as 'a matter of constitutional concern'.

Should the Isle of Man Constabulary have known that they should not have been giving instructions directly to the QC?  edited.. to the acting Attorney General.

Edited by Two-lane
Link to comment
Share on other sites

11 minutes ago, Roger Mexico said:

But yet again it shows the AG's Office in a very bad light. especially the way: Mr Green appeared to have been taking instructions straight from the Isle of Man Constabulary, something the Deemster described as 'a matter of constitutional concern'.

The implications of this ruling on other cases are yet to be seen and may be limited. To me, the point you quote is the most important.

While this was a specific and perhaps peculiar situation which gave rise to procedural confusion, it could be argued that it sheds light on how our criminal justice system may at times operate. It suggests that parts of it may not always run as they should - constitutionally - and some people/organisations have become accustomed to doing things in a certain way which, when scrutinised, may not entirely in line with expectations.

Whatever the specific consequences of this ruling, however limited in terms of impact, I believe it is further evidence of the need for a significant inquiry into the operation of the AG's Chambers and its operational relationship with external bodies, including the Constabulary and, as we have seen from other recent high profile cases, Government departments.

Part of the remit of any such inquiry should be to see to what extent the Chambers appear to be 'instructed' on how to act (i.e., to pursue a prosecution or submit an appeal) by external bodies, contrary to its purpose and constitutional role.

I'm sure it never, ever happens (if you ignore the Deemster's appraisal quoted above), but it would be very reassuring to have that independently verified.

Link to comment
Share on other sites

8 minutes ago, thommo2010 said:

you'd have to ask the person who made the original post, they made out it was someone who had overseen investigations etc when it looks like it was 1 investigation he was brought in for 

On the face of it, you're right. Seems to be one person brought in for one specific case, so no far-reaching consequences, other than for everyone involved in that case, on both sides, and the taxpayers who funded it.

But...

If it could happen in this case, is there not an argument it could have happened with other appointments of external legal professionals to fulfil temporary roles? If there was confusion or a lack of understanding over how to appoint and deploy external counsel in 'acting' rules in this case, it's not beyond the realms of possibility that the same confusion existed when others were appointed.

You'd imagine, after that judgment was handed down, there are a few lawyers (and their clients) who will want to ask questions regarding cases where a temporary prosecutor or deemster was involved, just in case the procedures got a bit mixed up in those as well.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...