Motion denied

Aritho Amfoubalela loses attempt to proceed with private prosecution

A Charlottetown man who tried a private prosecution in an alleged fraud case has lost another attempt to have the case heard.

Aritho Amfoubalela tried in 2014 to get the private prosecution heard over an allegation someone forged his signature on a motor vehicle registration in order to sell the vehicle without his consent.

Amfoubalela sought and received approval from a judge to proceed with the case, but the Crown withdrew the charge, saying there wasn’t a reasonable chance of getting a conviction.

He appealed that decision to the P.E.I. Court of Appeal, where the judges ruled they didn’t have jurisdiction over the matter.

Amfoubalela then applied for an extension of time for his application for a judicial review in the supreme court.

In a recent decision, Justice Gordon Campbell denied the motion.

Campbell wrote that Amfoubalela alleged an abuse of process by the Crown, but provided no evidence.

Ending the private prosecution was within the Crown’s discretion and not reviewable in the Supreme Court, Campbell said.

Although the Crown asked for costs in the matter, Campbell declined to award any.

Campbell wrote he didn’t feel it would be appropriate to further burden Amfoubalela by ordering him to pay costs.