DPP Revives Criminal Charge Against Officer Garbutt

Police Constable Phillip Garbutt is once again facing a criminal charge after the Office of the Director of Public Prosecutions (DPP) successfully revived a case that had been dismissed more than two months ago.

Garbutt appeared before the Belize City Magistrate’s Court after the DPP reinstated the harm charge involving his common-law wife’s son. The prosecution argued that reviving the matter is in the interest of justice for the child.

During the hearing, Garbutt’s attorney, Alifah Elrington, challenged the decision to bring the charge back. She argued that her client had already been acquitted when the case was dismissed in April and said that prosecuting him again would violate the constitutional protection against double jeopardy.

However, DPP Cheryl-Lynn Vidal maintained that the magistrate who dismissed the charge in April did not have the legal authority to do so. She argued that the dismissal had no legal basis and that the case should continue.

Chief Magistrate Deborah Rogers agreed with the DPP’s argument, ruling that the April dismissal was a “complete nullity” because the magistrate lacked the authority to strike out the charge.

Following the ruling, Elrington told the court she intends to seek a case stated, a legal procedure that asks the High Court to rule on a point of law arising from the case.