Jan 26 - GSD: Costa Should Continue Court Review Of Marrache Parole
The GSD says that it considers that the Minister for Justice, Neil Costa, and, through him, the Government of Gibraltar need to carefully consider what steps they should now take, in the interests of law and order, in the decision to grant parole to Issac Marrache. In particular, says the Opposition, they need to review whether the Minister was right to attempt to discontinue his appeal against the decision of the Parole Board chaired by Pepe Baldachino.
A statement continued: “The need for that review is shown emphatically by the observations in the judgment of the Hon Mr Justice Jack who, whilst making no final findings, has indicated the need for the decision to grant parole to be reconsidered. He went so far as to suggest that Mr Marrache could technically be unlawfully at large and rightly noted that the Marrache brothers made “extensive and repeated” attempts to “derail” their fraud trial, describing this as “unprecedented” in Gibraltar or anywhere else in the common law world.
“Minister Costa had appealed to the Supreme Court for it to decide on the issue of paroling Mr Marrache; this appeal is indicative of Minister Costa’s disagreement with his parole having been recommended by the Parole Board. He then sought to stay his own appeal and subsequently to discontinue it for reasons unknown, which in short, prevented the Supreme Court from considering the very issues raised by him. Mr Justice Jack has refused to allow Minister Costa to discontinue the appeal. In refusing, he has pointedly indicated that there are matters that merit further and more detailed inquiry.
“Mr Justice Jack has indicated that “someone with appropriate standing ... could apply to join the current proceedings ... to challenge the Minister’s decision to discontinue the current reference ...” It is, however, in our view, not satisfactory that those who have already lost money, should now incur the additional costs, so that the grant of parole can be reviewed.
“Surely, it is incumbent on Minister Costa, following this judgment and, not least, the view expressed in it that Mr Marrache may be unlawfully at large, to pursue his court review of the Parole Board’s decision, which he started. His responsibility as Minister for Justice requires that he undertakes his statutory duties, failing which, his actions may have an adverse effect on Gibraltar’s international reputation.”
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