AG v Carr and Sevash-Zade [2024] JRC 211 (11 October 2024)

There was no transmission of confidential information between Crown Advocate Maletroit and the defence, and the immediate termination of his secondment to the defence firm eliminates any real or perceived risk to the administration of justice or public confidence. Therefore, he may prosecute the case.

Citation: [2024] JRC 211
Parties: Applicant: Attorney General; Proposed Prosecutor: Crown Advocate Matthew Maletroit; Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction: Jersey
Judgment Date: 11 October 2024
Procedural Posture: Representation (application for Declaration) / Pre Trial, Prior to Indictment in Royal Court
Outcome: Declaration granted
Legal Topics: Conflict of Interest, Prosecutorial Conduct, Confidentiality, Public Confidence in Justice

Criminal Law Legal Ethics Conflict of Interest Prosecutorial Conduct Confidentiality Public Confidence in Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

Parties

Attorney General

Applicant

Crown Advocate Matthew Maletroit

Proposed Prosecutor

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Representation (application for Declaration) / Pre Trial, Prior to Indictment in Royal Court

Legal Issues

1 Whether Crown Advocate Maletroit has a conflict of interest preventing him from prosecuting the case due to his secondment to the firm representing a defendant
2 Whether the administration of justice or public confidence would be compromised if he prosecutes

Ratio Decidendi

Court Disposition

Declaration granted

Orders

Declaration that Crown Advocate Maletroit may prosecute the case against the Defendants
No additional reporting restrictions imposed beyond existing statutory restrictions