A jubilant McKeeva Bush left court Thursday declaring, “The truth has come out”, after his indecent assault trial collapsed, with the judge ruling an abuse of process from the prosecution.
Following three days of legal argument, the jury was discharged and Bush left the court a free man.
“This is not just an abuse of process, it is an abuse of this member of Parliament,” he told reporters as he exited the dock.
Leaving the courthouse, surrounded by a coterie of friends and supporters, he added, “I said the truth will come out and it has.”
Justice Stanley John’s ruling, first delivered Wednesday and made public Thursday morning, after reporting restrictions were lifted, highlighted issues with the “process by which the decision to prosecute was made”.
He added, “Would a right-minded citizen hearing the process used to have the defendant brought to court not have serious concerns?”
Bush had been accused of indecently assaulting two women at a government cocktail reception in September 2022.
On Tuesday, as the prosecution neared the end of its case, Bush’s defence team submitted an application for a stay to the court proceedings.
The application was made on the basis of abuse of process, the details of which are still subject to reporting restrictions.
Justice John said his decision was based solely on the disclosure of information provided to the defence and the submissions of both counsel on that issue.
“This entire process has caused a level of disquiet,” he said in a ruling upholding the application to stay the proceedings.
The jury was discharged and Bush was informed he was free to go, with all bail conditions lifted.
Lead prosecutor Charles Miskin, KC, on behalf of the Office of the Director of Public Prosecutions, indicated the department may appeal the ruling and seek a second trial in front of a new jury.
He stressed, “This is not a decision about evidence. This isn’t a verdict of guilty or not guilty. This is a decision about the processes by which Mr. Bush came to court.”
Bush had denied two charges of indecent assault and two alternate charges of common assault.
Those charges stemmed from two separate incidents that allegedly occurred on the night of 13 Sept. 2022 at a cocktail reception, which was part of a Caribbean Tourism Association conference, at The Ritz-Carlton hotel.
Additional reporting by Norma Connolly.
Read the judge’s ruling here: McKeeva Bush abuse of process judgment.
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