Marlando Rowe (Appellant) v The King (Respondent) (Jamaica)

Case summary

Case ID

JCPC/2025/0093

Jurisdiction

Jamaica

Parties

Appellant(s)

Marlando Rowe

Respondent(s)

The Office of the Director of Public Prosecution

Issue

Does the Court of Appeal of Jamaica have jurisdiction to hear a second appeal against the decision to refuse or revoke bail, in circumstances where the initial decision was made by a Judge of the Parish Court, and has already been appealed (unsuccessfully) to a Judge of the Supreme Court?

Facts

The appellant is a police officer. He appeared before a Parish Court in Jamaica on a charge of unauthorised possession of ammunition. The Judge in the Parish Court granted him bail. Subsequently, the appellant (together with five others) was charged with four additional, unrelated offences. He appeared before a different Parish Court in connection with the additional charges. The Judge in the second Parish Court denied him bail in relation to the four new charges. The appellant’s bail in relation to the first charge was also revoked. The appellant appealed to the Supreme Court of Jamaica for a review of both the refusal and the revocation decisions. Mott Tulloch-Reid J heard the appeals, and concluded that the refusal and revocation decisions should not be interfered with. The appellant appealed to the Court of Appeal of Jamaica. The Court of Appeal (Straw JA) held that it did not have jurisdiction to determine an appeal against the Supreme Court’s decision to dismiss an appeal against a Parish Court’s decision to refuse or revoke bail. The Court of Appeal went on to conclude that, even if it were to have had jurisdiction, it would not have interfered with the Supreme Court’s determination. The appellant now appeals to the Judicial Committee of the Privy Council. He argues that the Court of Appeal was wrong to find that it did not have jurisdiction to hear his appeal against the refusal and revocation of bail.

Date of issue

25 September 2025

Case origin

PTA

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