Smith
Wade Smith has been cleared of a breach of trust charge after the High Court ruled that the curfew order at the centre of the case was unlawful.
King’s Counsel Terrence Williams said the case raised many legal issues and explained that Smith was brought before the court under dubious circumstances. “It was a flimsy charge,” Williams stated. “And it was a pity the state persisted in the matter. It was obvious that it was a flimsy charge.”
Smith was placed on immediate leave in 2023 following charges of breach of trust as a public officer. “He was charged for breach of trust concerning an allegation that he did not act properly regarding the case of a boat operating during the curfew,” Williams explained.
However, the court upheld submissions that the 2020 curfew order, which restricted movement in territorial waters, exceeded the powers granted under the Curfew Act.
Williams said the defence argued that the charge was based on an unlawful order. According to Williams, the Curfew Act permits restrictions on street movement, but the order extended those restrictions to territorial waters. The High Court agreed with the defence’s submissions.
He added that, as a result, the committal was quashed. “So you could not, therefore, bring a criminal case for breach of trust regarding the order,” Williams stated.
Williams further noted that the case depended on the validity of the curfew order. “The judge, the learned judge, quashed the committal… because the case depends upon an unlawful order. And so therefore, she threw the case out,” he said.
The attorney also confirmed that no other criminal matters remain before the court for Smith. “The state has no more cases against him. That was the only case that they brought against Mr Smith, and it has now come to an end,” he stated.
With the ruling delivered, Williams said the defence will await the state’s next move. “There is no basis now to suspend or to interdict him from office,” Williams stated. “I would expect the state to do the proper thing. But if it is that they don’t do the proper thing, then of course our client will have to be advised as regards his legal rights.”
The court ordered that costs be paid to Smith in relation to the matter.
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