Judge grants judicial review

 THE National Court has granted leave for a judicial review of a committal court decision in October last year following an application filed by Eremas Wartoto.

Acting Judge Justice Leka Nablu last Friday ordered for a stay of the criminal proceedings at the National Court relating to Wartoto’s fraud-related  charges involving more than K22 million.

Justice Nablu said Wartoto had an arguable case and ordered for leave to be granted for a judicial review of the decision made by a committal court magistrate. The application, filed on Jan 4, named Magistrate Cosmas Bidar as the first defendant.

Wartoto’s lawyer Loani Henao argued that on Oct 15, when the defendant made his ruling to commit the plaintiff to stand trial, he made a number of remarks that were not reflected in his published decision issued on Nov 12.

Henao argued that the published decision was received after the plaintiff had appeared in the National Court on Nov 17.

Henao argued that the alleged statements regarding the functions of the committal court made by the magistrate could be misinterpreted by those in court at that time.

State counsel contended that Wartoto’s grounds did not raise an arguable case because he was aggrieved by the fact that passing remarks were made by the committal court magistrate. The counsel said the grounds were not sufficient and that the court should consider the seriousness of the plaintiff’s charges.

The judicial review proceedings will return to court on March 2.