State contests Barron ruling on two fronts

In what a report in The Mercury describes as an unusual move, the directorate has lodged a two-pronged attack on the judgment of Magistrate Dieter Schultz, applying for both a review of his findings and an appeal based on questions of law. Barron’s attorney, Dean Strachan, confirmed the defence would oppose the application. Regional Court prosecutor Nikesh Ramkhelawan said in an affidavit that Schultz had caused the state a ‘substantial injustice by committing conduct which was grossly irregular or not in the interests of justice’ in acquitting Barron of all charges. In her affidavit, Deputy Director of Public Prosecutions Rita Blumrick said it appeared that Barron’s acquittal had resulted from a decision in her favour on matters of law. Schultz has, accordingly, been asked to state a case for consideration by a court of appeal, setting out the questions of law, his decisions thereon, and his findings of fact regarding the questions of law. Full report in the Mercury (subscription needed)