Family Court throws out matter against Dr. Gonsalves
Frivolous and Vexatious!
This is how the latest attempt by a policewoman to bring rape charges against Prime Minister Dr Ralph Gonsalves has been described by Colleen Mc Donald, President of the Family Court.{{more}}
The same policewoman, who on January 31st, 2008 filed private criminal charges in the Magistrates Court claiming that Dr Gonsalves raped her on January 3, at the Prime Ministerâs official residence, re-filed the charges last week Thursday August 28, in the Family Court.
Magistrate Mc Donald however, on Wednesday, September 3, refused to issue a summons to Dr Gonsalves, saying that the charges constitute an âunjust harassmentâ of Dr Gonsalves.
Magistrate Mc Donald issued a four-page statement outlining the reasons for her decision to Attorney Kay Bacchus Browne, who is representing the policewoman.
She referred to the January 31, 2008 charges which the Director of Public Prosecution Colin Williams took over and discontinued.
She noted that an attempt to have a judicial review of his decision failed.
Firstly, Justice Gertel Thom on March 11, âin a comprehensive twenty-three page judgment found that there were no arguable grounds for judicial review having a realistic prospect of success.â
âThe Court of Appeal was of the view that there was no merit in the applicantâs claims, that the substantial appeal had no real prospect of success and accordingly leave was refused,â Magistrate Mc Donald writes.
âI am of the view that the application for the issue of the summons is frivolous, vexatious and an abuse of the process of the court. It clearly represents a collateral attack on the previous decisions of the Director of Public Prosecutions, the High Court and the Court of Appeal.â