6 Apr 2013

Round 1, and a body blow is struck

Ish and Steve Lose Section 34 Case

Now that the ‘Section 34 judgment’ has been delivered, I fully expect an appeal process all the way to the Privy Council. I foresaw that no matter which side won, Government or Appellants, the issue would ultimately reach the Privy Council in London, as the highest Court of Appeal of Trinidad and Tobago.

The Privy Council will ultimately have to rule on whether the constitutionality of s34 and the repeal of same. Anand Ramlogan AG is already on record as saying the matter will ultimately reach the Privy Council.

“This matter has been in the legal system for quite some time, if the way is cleared and there is no conservatory order granted by the Court of Appeal or the Privy Council then I would be respectfully hoping that the Supreme Court of justice moves very quickly and swiftly to convene a court on an ad hoc basis to treat this matter with the priority and urgency that it clearly warrants,” he [Anand Ramlogan] said.

Notwithstanding that Justice Dean-Amorer presented a highly reasoned argument with many precedents for her position, ultimately, those so affected by the repeal of s34 will, I daresay, exercise their rights of appeal to the highest court.

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