And as the Supreme Court had its customary ceremonial activity this morning
– while most of the bench and bar dabbled in ceremony, there was another
ongoing judicial hearing that was not customary at all - in fact, we’d
venture to say it was a first. Normally, the Court Of Appeals is convened only
three times a year – in March, June and October. But the Court of Appeals
held a special session this morning to hear BTL’s appeal against the injunction
against Telemedia on SMART’s behalf which was granted by the Chief Justice
on December 10th, 2009.
Telemedia wants the injunction lifted as soon as possible – and before
the matter goes to trial in the Supreme Court on February 10th. Two judges of
the Court of Appeal, President Mottley and Justice Morrison were flown in –
at government’s expense – to join resident Judge Manuel Sosa to
hear the matter. But before they did, the attorney for SMART, Eamon Courtenay
entered a preliminary objection, arguing that there is no evidence indicating
what’s the urgency to hear the case two weeks before it goes to full trial.
Appearing for BTL was Attorney Rodwell Williams and he argued that even though
the trial is set for the Supreme Court in February there’s no telling
when judgment will be delivered. The panel of judges deliberated on this for
20 minutes and over-ruled Courtenay’s Objection. With that, arguments
proceeded and continued right up to news time this evening. Our special correspondent
Janelle Chanona is still at court, and if it finishes before news time, we’ll
have an update.
It’s worth noting that company secretary for BTL Lois Young is not appearing
because she is in London arguing the referendum amendment to the constitution
at the Privy Council on government’s behalf. Lisa Shoman is arguing against
on behalf of the applicants.
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