Attorney OJ Elrington has had a setback in court regarding his challenge to the rape charges against him. Elrington appealed against the Magistrate's decision to commit him to stand trial. He also put forward that she erred in not ruling on his abuse of process application and in not stating a case to the High Court regarding the breach of his right to protection of the law.
The abuse of process and the breach of his right to protection of the law stemmed from his allegation that the DPP acted improperly in speaking to a complainant during the course of a police investigation. The Court ruled that it had no jurisdiction to entertain an appeal of the Magistrate's committal, and that there was no evidence presented to support the allegation of abuse of process. The court also found that there was no application for a case to be stated nor was there any evidence upon which she could have determined that she should state it herself.
With that, his appeal was dismissed, and the matter will proceed to the high court for trial.
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