A magistrate lacked the constitutional authority to issue an order sealing the identity of a witness to the murder of the prime minister's press secretary Latore Mackey, a lawyer argued yesterday. During a constitutional motion before Justice Bernard Turner yesterday, Geoffrey Farquharson, who represents the accused man, Delvin Deveaux, says this voids the order issued by Chief Magistrate Joyann Ferguson-Pratt in respect of the matter on November 4, 2014. Deveaux and Dereck Neilly are charged with Mackey's murder on August 25, 2014.

Farquharson is seeking damages, costs and Deveaux's release. Neilly is not party to the application. Mackey was shot in the neck while driving his government assigned sports utility vehicle (SUV) on Market Street around 4 a.m.

Farquharson said that Deveaux was denied due process because he was not represented at the application for the anonymity order. The application was made in chambers by the Crown without notifying the defense. In response, Assistant Director of Public Prosecutions Sandradee Gardiner said that if the magistrate lacked the jurisdiction to issue the order it could be discharged. However, she said there was other evidence on which the charge was grounded.

Turner has adjourned to make his decision at a date to be fixed.

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