According to Smith’s attorney Ramona Farquharson, Justice Jon Isaacs handed down his decision Tuesday morning.
Smith filed his application under Articles 20 and 28 of the Constitution, citing that he would not get a fair trial within a reasonable time frame.
The accused was arrested and charged with the Feb. 9, 1997 murder on Feb. 15, 1997. He was committed to stand trial in the Supreme Court on June 27, 1997 after the completion of a preliminary inquiry.
Mr Smith was on remand since that time and nothing was done until 2005 when the case came up for hearing.
Ms Farquharson said she argued that there was an unreasonable delay in the case which was prejudicial on the grounds that the police file which contained the record of detention was missing in addition to a key prosecution witness being deceased.
Representing the Crown was Ms Sandra Dee Gardiner.
Ms Farquharson also indicated that she will file another constitutional application for her client on the grounds that he is allegedly being abused at Her Majesty’s Prison.
She did not go into what type of abuse he was allegedly suffering.
Elliston Smith is serving a life sentence for the killing of former Member of Parliament Chuck Virgill.
By: JIMENITA SWAIN, The Nassau Guardian
