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a term not exceeding twelve months or to both such fine
and imprisonment.
”
Obstruction is legally defined as “
the act of impeding or hindering something; interference
.”
137
By
instructing Mrs. McDonald in the above regard, one could argue that Mr. Lake sought to obstruct or
hinder the Contractor General and interfered with the conduct of his Investigation.
The OCG has outlined the following legal definitions and legislative provisions in respect of the act of
obstruction:
Section 41 of the Criminal Justice (Administration) Act provides the following:
“Abettors in misdemeanours
Whosoever shall aid, abet, counsel, or procure the
commission of any misdemeanour, whether the same be a
misdemeanour at common law, or by virtue of any Statute
passed or to be passed, shall be liable to be tried, indicted,
and punished as a principal offender
.”
Further, a misdemeanour is defined as “
a crime that is less serious than a felony and is usually punishable
by fine, penalty, forfeiture, or confinement (usually for a brief term) in a place other than prison.
”
138
Additionally, it is reiterated that a person who breaches Section 29 of the Contractor General Act is liable
on summary conviction. Summary conviction is defined as “
a conviction of a person for a violation or
minor
misdemeanour
as the result of a trial before a magistrate sitting without a jury.
”
139
137
Black’s Law Dictionary. 9
th
Edition. 2009.
138
Ibid.
139
Ibid.