Jersey Unreported Judgments

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Cite as: [2009] JRC 41A, [2009] JRC 041A

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[2009]JRC041A

ROYAL COURT

(Samedi Division)

5^th March 2009

Before :

Sir Richard Tucker, Commissioner, sitting alone.

The Attorney General

-v-

Curtis Warren

John Alan Welsh

James O'Brien

Jason Woodward

Paul Hunt

Oliver Lucas

Ruling on adjourning the trial.

J. C. Gollop, Esq., Crown Advocate.

Advocate D. Gilbert for Woodward.

Advocate M. J. Haines for Hunt.

Advocate M. L. Preston for Lucas.

The other defendants were present but not represented.

RULING

THE commissioner:

1. I make this ruling with very great reluctance, but it seems to me I am faced with an impossible position where prosecuting counsel says he is not ready, three defending counsel say they are not ready, and three unrepresented defendants say they are not ready. I am faced with a trial which has been listed since October, to commence on Monday 9^th March and now, months afterwards, when the tackle should have been put into order, and for various reasons, I am confronted with this impossible situation.

2. Before I make my formal announcement, I want the defendants to be under no illusions. Because of other trials which are fixed to take place in the Royal Court it may be months before this trial can be re-listed and meanwhile five of you will remain in custody, I hope you appreciate that.

3. Faced with a situation which has confronted me, I have no alternative but to adjourn the trial from Monday 9^th March to a date to be fixed.

4. There are remaining issues to be canvassed. I make it equally plain I am by no means sure I shall be available to conduct a trial commencing months henceforth, it is up to counsel to say whether they want me to deal with the remaining outstanding matters. I think it would be preferable that I did so since I am familiar with them, but if I am to do so it will be next week when the Court is available and this Court is certainly available and I could start on Tuesday or Wednesday of next week.

[Discussion with counsel with regard to preparatory hearing]

5. I very much regret the situation that has arisen, but as I said I find myself with no alternative. Woodward you will be remanded on bail on the same terms.

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