Perjury case nullified because acting AG 'wasn't authorised to issue summons'

High court rules 'Operation Braid' summons was invalid and of no effect

Criminal proceedings against two Manx residents charged with perjury in relation to a fraud and money laundering operation have been declared null after the high court ruled the advocate issuing the summons against them wasn't authorised to do so.

First Deemster Andrew Corlett has quashed a previous ruling by a Deputy High Bailiff that had stated London-based advocate Timothy Green KC had power to act as Attorney General in relation to this case.

Former Chief Minister Allan Bell appointed Mr Green to act in this case in November 2014.

The then-Attorney General Stephen Harding was suspended at the time pending a criminal investigation, while acting Attorney General John Quinn had a conflict of interest.

Legal representatives for Paul and Sarah Bell, who were charged with perjury in May last year, argued that Mr Green's temporary powers had elapsed by the time he issued the summons.

In response, Mr Green insisted his authorisation had just one condition - that he was limited to this case, known as 'Operation Braid'.

Deemster Corlett found the law used to appoint Mr Green could only have been used for temporary conditions, and that by the time the summons was issued 'circumstances had changed'.

The Deemster found the directions appointing Mr Green would have ceased to exist when Walter Wannenburgh was appointed as Solicitor General in July 2015 - a role which replaced the need for an acting Attorney General, when John Quinn was appointed Attorney General on a permanent basis in March 2017 and when Mr Quinn died in January 2022.

Because the authorisation had ceased to be valid, Deemster Corlett ruled the summons issued against the Bells is invalid and of no effect, and that the deputy high bailiff had erred in law with his previous ruling.

Deemster Corlett also highlighted that Mr Green appeared to have been taking instructions straight from the Isle of Man Constabulary, something the Deemster described as 'a matter of constitutional concern'.

Deemster Corlett added that in his view Mr Green will have to pay costs in the case, subject to any submissions to the contrary.

In response to a request for comment an Isle of Man Government spokesman says this is a complex and long-running case with far reaching implications.

They say government is reviewing the judgement carefully and considering next steps.