Prosecutors yesterday challenged a judge's ruling on a no case submission for the first time.
Last year's amendment to the Court of Appeal Act gives them that right.
The Crown says Justice Vera Watkins fell into error when she directed jurors to acquit Tyrone Francis of murder on November 15, 2011.
Francis was accused of intentionally hitting Jonathan Linden with his vehicle moments after they had an argument at Royal Castle on Baillou Hill Road on October 10, 2009.
However, Watkins found that prosecutors had not produced any evidence to show that the collision was intentional. She said that there was no evidence of any offence on the Crown's case.
Prosecutor Neil Brathwaite said that issue should have been determined by the jury during their deliberations.
Brathwaite asked the appellate panel to order a retrial on murder or manslaughter.
Justice of Appeal Christopher Blackman said, "From the transcripts, the judge seemed to have developed an attitude that was antagonistic to the prosecution's case. By excluding the [traffic reconstruction] expert, it almost foreshadowed a successful no case."
Watkins did not allow Assistant Superintendent Richard Rahming to give opinion evidence on the speed that the vehicle was traveling because she did not deem him an expert.
The appeal has been adjourned until September 3 for Francis' lawyer Murrio Ducille to respond.
Ducille, who is on vacation, was not present during the hearing. His colleague Terrel Butler appeared on his behalf for the sole purpose of seeking an adjournment.
The Bench did not accept this position and said counsel should be ready to proceed when appearing before the court.

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