Saturday, April 6, 2013

PM says government vindicated by Section 34 judgment

 Prime Minister Kamla Persad-Bissessar said on Friday night she is very pleased with the "historic legal victory" for the State in the "unprecedented constitutional case" which ended with a ruling in favour of the government. 

She was referring to Friday's court judgment in the challenge to the repeal of Section 34 of the Administration of Justice (Indictable Proceedings) Act.

The court struck down the arguments that all charges against Ishwar Galbaransingh, Steve Ferguson and Ameer Edoo should be dropped. Justice Mira Dean Armorer refused to grant a stay of the criminal proceedings against the men and told their lawyers to take their case before the Appeal Court.

The judge ruled that Ferguson and Galbaransingh did not suffer any prejudice by the repeal of Section 34. She also ruled that the claimants must to the defendant the costs of and associated with the claim.

In a media release the PM noted that the Government moved swiftly to repeal section 34 and drafted the repeal in a manner that nullified any legitimate expectations and the retroactively cleared the way for the defendants to be tried.

"The Government has been vindicated by this judgment which highlighted and relied on the quick action taken to repeal section 34," she said. 

"The court at paragraph 450 of the judgment made special mention of this fact when it stated “the retroactive repeal was also achieved expeditiously, so as to minimize the possibility of the claimant acting to his detriment on the basis of the opportunity to avail himself of the limitations provisions.”

The Prime Minister congratulated Attorney General Anand Ramlogan and DPP Roger Gaspard who were parties to the action. "Indeed, the AG was a witness in this matter and gave sworn affidavit evidence which was underscored by the court. I commend their legal teams for their hard work and dedication in this important matter," Persad-Bissessar said.

She added, "I was particularly pleased with the expeditious manner in which this case was heard and determined as it was obviously in the public interest to have this matter dealt with very quickly."

No comments:

Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai