THE HIGH COURT HAS CLEARED THE WAY FOR THE STATE, TO PROSECUTE HOUSING MINISTER DAVID LEE.

THE COURT ON WEDNESDAY REJECTED MR. LEE’S CHALLENGE TO HIS RE-ARREST, AND COMMITTAL FOR TRIAL.

JUSTICE WESTMIN JAMES DISMISSED MINISTER LEE’S CLAIM FOR JUDICIAL REVIEW, AND CONSTITUTIONAL REDRESS.

THE JUDGE FOUND THAT DIRECTOR OF PUBLIC PROSECUTIONS ROGER GASPARD, SC, ACTED WITHIN HIS LEGAL AUTHORITY WHEN HE SOUGHT A WARRANT FOR LEE’S ARREST, AFTER THE MINISTER WAS DISCHARGED AT THE END OF A PRELIMINARY ENQUIRY.

THE JUDGE ALSO RULED THAT THE WARRANT EVENTUALLY ISSUED BY HIGH COURT JUSTICE, HAYDEN ST CLAIR-DOUGLAS WAS LAWFUL AND THAT MR. LEE WAS NOT ENTITLED TO BE HEARD, BEFORE IT WAS GRANTED.

THE RULING REMOVES A MAJOR LEGAL OBSTACLE TO THE CONTINUATION OF THE CRIMINAL PROCEEDINGS, AGAINST MINISTER LEE AND HIS CO-ACCUSED, BUSINESSMAN HUGH LEONG POI.

HOWEVER, THE JUDGE MADE IT CLEAR THAT LEE REMAINS ENTITLED TO RAISE BEFORE THE TRIAL JUDGE, ANY ARGUMENT THAT CONTINUING THE PROSECUTION WOULD AMOUNT TO AN ABUSE OF PROCESS.

HE ALSO RETAINS THE RIGHT TO APPEAL JUSTICE JAMES’S DECISION.

MR. LEE WAS INITIALLY CHARGED IN SEPTEMBER 2022 WITH MISBEHAVIOUR IN PUBLIC OFFICE, AND CONSPIRING WITH LEONG POI TO DEFRAUD THE STATE OF $1,416,292.65 IN TAX EXEMPTIONS CONNECTED TO THE PURCHASE OF A, MERCEDES-BENZ AMG G63 WAGON.