Submissions to be concluded today in ATL case
THE Supreme Court will today continue hearing an application by Gorstew Ltd for leave to challenge a magistrate’s decision to acquit three former Appliance Traders Ltd (ATL) executives in the billion-dollar pension fraud case.
Gorstew Ltd attorney Hugh Wildman was yesterday set to continue his submissions but the attorney general’s chambers asked for an adjournment until today. All submissions are expected to be concluded.
Gorstew Ltd’s legal team on Wednesday commenced arguments in the matter.
The company is seeking the court’s leave to challenge then Senior Corporate Area Magistrate Lorna Shelly-Williams’ decision to uphold no-case submissions freeing Dr Jeffrey Pyne, Patrick Lynch, and Catherine Barber of fraud-related charges on June 3, 2014.
If the application is successful and Shelly-Williams’ decision is quashed, Gorstew will move to commence prosecution of the three for a second time.
The application before a panel of three judges — Justices Lennox Campbell, Sarah Thompson-James, and Crescencia Brown-Beckford — was prompted after Justice Carol Lawrence Beswick last December refused an application for judicial review of Shelly-Williams’ decision.
Gorstew had obtained a fiat from the director of public prosecutions to prosecute the three.
The former ATL executives were charged for allegedly fraudulently distributing $1.7 billion of pension surplus without the consent of Gorstew.