AG v Bhojwani [2009] JRC 056 (27 March 2009)

AG v Bhojwani [2009] JRC 056 (27 March 2009)

The Royal Court cannot be properly convened outside Jersey, lacks authority and precedent to do so, and the defendant's mandatory presence cannot be ensured. Therefore, the invitation for the commissioner to attend evidence-taking in India is refused.

Citation
[2009] JRC 056
Parties
Prosecution: Attorney General; Defence: Defendant
Jurisdiction
Jersey
Judgment Date
27 March 2009
Procedural Posture
Criminal / Interlocutory Ruling
Outcome
invitation refused
Legal Topics
Taking Evidence Abroad, Jurisdiction, Judicial Powers, Fair Trial
Criminal Law International Judicial Cooperation Taking Evidence Abroad Jurisdiction Judicial Powers Fair Trial

Case Brief

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Parties

Attorney General

Prosecution

Defendant

Defence

Procedural Posture

Criminal / Interlocutory Ruling

Legal Issues

  1. 1 Can a judge of the Royal Court exercise judicial powers outside Jersey?
  2. 2 Should the commissioner attend evidence-taking in India?

Ratio Decidendi

The Royal Court cannot be properly convened outside Jersey, lacks authority and precedent to do so, and the defendant's mandatory presence cannot be ensured. Therefore, the invitation for the commissioner to attend evidence-taking in India is refused.

Court Disposition

invitation refused

Orders

  • The commissioner will not attend the evidence-taking of defence witnesses in India.