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Preliminary ruling in Grant-Bethell matter

Attorney General John Delaney will not be sued as a private citizen in a judicial review hearing of a decision not to appoint Cheryl Grant-Bethell as director of public prosecutions, a judge ruled yesterday.

Grant-Bethell, who held the position of deputy director of public prosecutions since August 1, 2001, applied to the Judicial and Legal Services Commissioner for consideration as the director of public prosecutions.

The post was given to veteran Jamaican prosecutor Vinette Graham-Allen and Grant-Bethell was named deputy law reform commissioner.

However, she has retained the position of deputy director of public prosecutions through a court order, denying her removal from office.

She named Delaney as a defendant in the judicial review proceedings both as a private citizen and as the attorney general.

She alleged that Delaney was a”public officer whose actions, which caused her damage, went beyond his duties and powers as attorney general and he was motivated by personal malice against her-targeted or untargeted.”

Senior Justice Jon Isaacs relieved Delaney as a party to the judicial review proceedings; however, he ordered that the suit against Delaney continue as a separate action.

Brian Simms, QC, of the firm Lennox Patton and Co, represented Delaney. Wayne Munroe appeared for Grant-Bethell.

The main hearing in the matter will begin on January 17, 2011.

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