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Judge Discharges Boundaries Injunction

Judge Discharges Boundaries Injunction LK Hewlett Story Updated: January 27 th 2015 at 4:14 pm
PM to announce election date tonight Minutes after Justice Marlene Carter discharged the Opposition’s injunction preventing boundary changes, PM Denzil Douglas told the nation he will announce the election date tonight (Jan 27). Justice Carter found that the injunction granted Friday, Jan 16, was “granted well after the (boundary) proclamation was made”. She also ruled that notwithstanding the published gazette was not available to the public, it was sufficiently published in the gazette to satisfy the court’s understanding of the constitutional meaning of “published”. SC Douglas Mendes then asked for leave to file an application to appeal the decision. He asked Her Ladyship to either reinstate the injunctive order or institute a new order prohibiting the Electoral Commission and Supervisor of Elections from acting on the proclamation until the appeal is heard. Counsel for the government side, QC Dr. Henry Browne argued that the respondents (Opposition) were asking Her Ladyship to reverse her own order. “Your Ladyship has made a finding of fact (regarding proclamation). They are asking you to go against your own ruling that the injunction was [useless].” He said if there arose complaints about the voters lists, there is a statute allowing for an election petition to be filed. Sylvester Anthony argued that the Opposition was attempting to stop the elections by way of an injunction. He said Justice Carter’s jurisdiction in the matter had come to an end. “We submit that the proclamation remains the law. The [new] boundaries remain until there is an inter-party hearing.” SC Mendes submitted that any order the judge may or may not grant dies not affect the Prime Minister’s constitutional right to call the election. He furthered, “Any order you give will not affect when election will be held but on what boundaries they will be held.” The Senior Counsel pointed out that if the judge did not stay the injunction or issue a new one until the Court of Appeal can hear the matter, the CoA could overturn her decision but its ruling could come after the election is held. Justice Carter retired to chambers informing that she will return with a decision in the matter today. Legal counsel for both sides, political candidates and other interested persons remain in court awaiting her decision.

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