Llewellyn

The Director of Public Prosecutions is to make a decision on November 6 as to whether she will pursue the case against Henry Fullerton, former head of the failed Caldon Merchant Bank.

Fullerton appeared in the Corporate Area Resident Magistrate's Court on Friday.

He is charged with breaches of the Financial Institutions Act.

Fullerton is accused of making misleading statements and allegedly inducing Westmoreland business-man, Colin Karjohn, to invest money in his bank in 1998.

DPP Paula Llewellyn, told Senior Resident Magistrate Judith Pusey, that she was waiting on the written reasons of the Court of Appeal in the case of Fullerton's daughter Nicole Ann Fullerton.

She was freed by the Court of Appeal in June of defrauding Karjohn of $15 million.

Karjohn claimed that he had given Miss Fullerton the money in 1998 to invest in Treasury Bills, but it was instead invested in the bank.

The Court of Appeal found otherwise and quashed Miss Fullerton's conviction and set aside her 12-month prison sentence. The court said that she was not acting in her personal capacity when she invested the money. The court has promised to give written reasons for freeing Miss Fullerton.

Miss Fullerton was the acting operations manager of the failed merchant bank.