High Court Dismisses Walwyn Judicial Review
The High Court has dismissed a judicial review application filed by the Director of Public Prosecutions concerning breach of trust charges against Honourable Myron Walwyn and Althea Stevens. High Court Judge Theresa Hadad upheld the Senior Magistrate's decision to dismiss the case following a no-case submission. The ruling determined that the magistrate acted within her lawful authority and that judicial review was inappropriate in this matter.
The High Court of the Virgin Islands has dismissed a judicial review application brought by the Office of the Director of Public Prosecutions seeking to overturn the dismissal of breach of trust charges against Honourable Myron V. Presiding High Court Judge Theresa Hadad upheld the prior ruling delivered by Senior Magistrate Tamia Richards, who had dismissed the case against both defendants following a successful no-case submission.
In her judgment, Justice Hadad determined that the Senior Magistrate acted entirely within her legal authority and did not exceed her statutory powers when evaluating the sufficiency of the prosecution's evidence. In dismissing the application, the High Court clarified that the prosecution was effectively attempting to have the High Court reconsider the factual merits of the proceedings rather than demonstrating valid grounds for judicial review.
The court explained that Senior Magistrate Richards held the lawful jurisdiction to evaluate the evidence presented during the initial trial and determine whether a prima facie case of breach of trust had been established against the accused. Justice Hadad emphasized that judicial review serves as a remedy of last resort in public law and should not be utilized to circumvent normal appellate processes or reassess evidence that falls properly within the magistrate's purview.
The court found no evidence of irrationality, illegality, or jurisdictional overreach in how the magistrate reached her determination. During the proceedings, Honourable Walwyn was represented by Terrence F. Stevens was represented by defense attorney Valston M. The prosecution was led by King's Counsel Sandip Patel.
The case against Walwyn and Stevens formed part of a series of prosecutions initiated in the aftermath of the 2021 Commission of Inquiry into governance and public contracts. The High Court ruling brings a conclusive end to the judicial review proceedings in this matter.
Primary source: VINO