On Wednesday, June 1, 2011 Mr. Justice Redhead ruled in favour of Matilda Horsford in the matter where she applied to the Court for an Order for Leave for Judicial Review of actions of decisions which she claimed violated her constitutional rights, upon her release from prison.
Miss Horsford, a Dominican national sought to take action against H.E. Governor, Hon. Attorney General and the Commissioner of Police. She was serving a three year sentence for forgery and theft at HMP. Her sentence was commuted to time served to time served due to ill health. A condition for release she was to leave immediately and not to return to Montserrat before one year.
She sought leave to challenge the decisions by the respondents in the matter through her Attorney David S. Brandt on the ground among others, that the decisions were null and void, that the Governor’s decision to attach conditions to the remission of part of the Applicant’s sentence is ultra vires section 7(i)(d) of the Constitution of Montserrat; claiming that several actions were taken on the 14th April amounted to her being forcedly imprisoned…
The judge granted leave to the applicant Horsford to proceed further against the respondents who reportedly tendered no opposition to the request, after Brandt laid the matter before him.
The court proceedings had earlier been delayed as the judge ordered on representation from Brandt that the Hon. Attorney General appear in court. The respondents were represented by Lawyer Colin Meade of the AG’s office.
Read more: brandt-sues-governor-ag-and-cop-for-remissioned-prisoner-deported
