Judicial Review into Warren Mottley's Death Ruling Delayed for Second Time

The start of the judicial review into last year’s ruling by Coroner Graveney Bannister who probed the death of Warren Mottley has been postponed for a second time.

The hearing was scheduled to begin on Wednesday after first being adjourned in September, but Madam Justice Shona Griffith instead called the attorneys in the matter into a closed-door meeting to discuss how she intended to proceed.

When the judge returned to the bench, she told those in the court, including family members of the deceased, that the case would be heard on November 14.

“I did this because there are a few issues pertinent to the resolution of what this is, of the application for a judicial review. But I wanted counsel to consider and revert to me. For the benefit of those who have not been privy to the court’s engagement, the purpose of that engagement was to save judicial time, if possible, and to ensure that the issues as the court sees most important for determination, are properly addressed,” Justice Griffith explained.

“So, I have tasked counsel with certain things and reverting back to the court in a specified period; and upon their reversion to the court, it is either that we proceed in a particular direction, or the judicial time that needs to be extended would be extended on this matter, or be reduced.”

Justice Griffith also promised that she would assist lead counsel on both sides in their task by producing a written brief of the matters on which she wants them to focus.

The judicial review was filed by defence counsel Ralph Thorne SC, soon after Magistrate Bannister ruled in December last year that Dr Sahle Griffith and anesthesiologist Dr Nigel Farnum were negligent in Mottley’s death.

He said the conduct of both doctors was “so bad in all the circumstances” that it would amount to a criminal act and that they were “negligent and concerned in the cause of his death”.

In March this year, the High Court granted an interim injunction in favour of surgeon Dr Griffith which prevents the authorities from charging him criminally in the death of 54-year-old Mottley, brother of Prime Minister Mia Mottley. He died at the Queen Elizabeth Hospital (QEH) on June 29, 2021, a week after a routine colonoscopy at Surgical Solutions Inc., where Dr Griffith is the principal.

Thorne is representing Dr Griffith in association with Hal Gollop, KC, Emerald Griffith and Harlow Broomes. Roger Forde SC, along with senior state counsel Nicole Boyce, Anika Jackson, SC and Rene Forde, are appearing for the defendants – Magistrate Bannister, the Attorney General, the Director of Public Prosecutions and the Commissioner of Police.

Attorney Deighton Walters was present on behalf of the QEH. (EJ)