The Crown yesterday conceded that a magistrate made an "egregious error" when she convicted a woman of stealing by reason of employment without giving any reasons for her decision.
Magistrate Subusola Swain convicted Marilyn Bain of stealing $40,000 from a safe at Atlantis, which she had access to through her job as a supervisor.
However, Swain did not set out the rationale behind her decision.
Bain was fined $50,000 or in default spend two years in prison.
Acting Director of Public Prosecutions Garvin Gaskin agreed the appeal should be allowed and a retrial ordered.
On the other hand, Bain's lawyer Ian Cargill asked for no order for retrial.
According to Cargill, the magistrate was unable to give reasons "because there was absolutely no evidence".
In the end, the appellate court ordered Bain tried by another magistrate.

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