Applicant entitled to rely on autrefois acquit in judicial review proceedings

Meenan J: Judicial Review – applicant tried before District Court for eight offences – applicant was abusive and offensive during hearing and District Court Judge excluded him from the Court for a period of time – prosecution proceeded during that time – District Court Judge convicted the applicant and subsequently sentenced him to concurrent terms of five months’ imprisonment – applicant sought relief by way of an application for certiorari and granted – court invited submissions from applicant and respondent in respect of whether the matter should be remitted to the District Court for a further hearing of the prosecution of the applicant – applicant submitted that he is entitled to rely on the special plea of autrefois acquit and the matter should not be remitted for a further prosecution – respondent submitted that the court should make an order for remittal – hearing was conducted before a court of competent jurisdiction but applicant was deprived of a fair hearing – applicant is entitled to rely on the special plea of “autrefois acquit” and matter will not be remitted to the District Court.