Police Officer Phillip Garbutt was back in Belize City Magistrate's Court today. Two and a half months after a charge of harm against his common-law wife's son was dismissed, the DPP reinstated the charge against him today. His attorney Alifah Elrington pleaded that he's already been acquitted of that offence; reinstating the charge would constitute double jeopardy - which is not allowed under the constitution.
DPP Cheryl-Lynn Vidal argued in court that in April the sitting Magistrate dismissed the case without merit and that the charge should be brought back in the interest of justice for the child.
This afternoon in court, Chief Magistrate Deborah Rogers agreed and found that the magistrate in April had no authority to drop the charge for harm to the child and her decision was a complete nullity.
At that point his attorney Alifah Elrington told the court that she wants what is called a case stated which will go to the High Court for a determination on the issue of double jeopardy.
So now the trial is suspended until the Magistrate's Court receives the higher court's decision.
The DPP indicated that based on the strong video evidence, she is prepared to take the case all the way to the CCJ.
