Director of Public Prosecutions, Christopher Nelson is no longer required to appear as a witness in the case against Prime Minister Dr Keith Mitchell’s former security officer Frederick“Balla” Noel, a case he is prosecuting.

Chief Magistrate Patricia Mark on Monday ruled on an oral application made by Nelson to set aside the summons mandating him to appear before the Court as a witness. “Balla” was arrested and charged on February 10 for the offence of Causing Grevious Harm.

Speaking to the DPP following the announcement, Nelson told Grenada Today that it appears that the Magistrate has realised that she had acted in error when she issued a summons to the DPP upon the written application by counsel for the accused, Vanessa Francis-Banfield.

Nelson has repeatedly voiced his concern about being put in such a position and has stated openly that this was the first time to his knowledge that a sitting DPP and Counsel who is actually prosecuting a criminal case, is being summoned as a witness in the very case.

Nelson’s ruling came shortly after he had received confirmation from the Judicial and Legal Services Commission that his appointment as Director of Public Prosecutions has been confirmed. Nelson said that this confirmation clears once and for all that he is the legal DPP.

Balla’s lawyer had insinuated previously in a letter written to the DPP that his contract as DPP is no longer valid and that he acted illegally in bringing the indictable charge against her client. The “Balla” saga has been adjourned until July 24. The reason for such long adjournment is due to “Balla” lawyer’s absence as she is presently in England preparing for mother-hood.

Nelson was not in support of the long adjournment which he pointed out to the Court that Mrs Francis-Banfield has not even indicated a direct date for her return to court.