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PUP Takes S.I. Challenge To Supreme Court
posted (May 20, 2016)
Yesterday, we showed you our interview with Opposition Leader John Briceno about the PUP'S trip to the Sarstoon River, scheduled for tomorrow. Member of the Party's National Party Council and the entire media, are preparing to go down to Punta Gorda, where they will try to get in or near the Sarstoon.

And while that is one front, on another front, Briceno and the party's legal advisor were in the Supreme Court before Chief Justice Kenneth Benjamin this morning for the first hearing of their challenge to the Sarstoon Statutory Instrument. That's the now infamous law which restricts civilians from entering the Sarstoon for a period of 30 days.

The S.I. expires next week but the case went before the Chief Justice for the first time today, and the Government's attorneys told the court that they were not ready to file their arguments, given that the date for the hearing had been moved up. So, the Chief Justice adjourned it until June 27, by which time, the Sarstoon SI will be history. So, was the adjournment a setback for the PUP? Here's what Briceno and the PUP's legal advisor had to say about it:

Andrew Marshalleck, SC - PUP Legal Advisor
"The first hearing of any claim of this nature is normally case management. It's when the court schedules' out what steps are to be taken and when in order to try the claim. But what happen here today is because of the early date that was fixed, the time for government and the governor general to file papers in defense hasn't yet expired. So that nothing has yet been filed an indication was given that they need time in order to respond to it. The date was therefore adjourned to June 27th."

Daniel Ortiz
"Was that a delaying tactic in your mind, or did that cross your mind any at all as the attorney?"

Andrew Marshalleck, SC - PUP Legal Advisor
"Yes, that's to be expected. That through for any case and we expect that by the time the hearing came on, the law would have been expired. The issues that arise from that is something we anticipate and we have to confront head on."

Reporter
"Speak to us about the grounds basically of this challenge."

Andrew Marshalleck, SC - PUP Legal Advisor
"The grounds of the challenge is that the governor general in deciding to promulgate the SI, acted outside the scope of his authority as conformed by the provisions of the public safety act, in that the trigger for making a law of this nature is that he must be satisfied that there is a risk to public safety caused by some risk of civil commotion and again we say that there is nothing that happened or that was likely to happen that would have given rise to any civil commotion which would have entitled him to do as he did."

Daniel Ortiz
"Coming back on June and if the government does not renew or extend the SI in any kind of way, will the court still be minded to hear this case, given that it will then become academic?"

Andrew Marshalleck, SC - PUP Legal Advisor
"The mind of the court will be known when they pronounce upon it. There will certainly be arguments both ways. Our position will be that there is benefit to be had in the course defining the circumstances in which powers of this nature can properly be exercised. The government will of course say that there isn't much value to be had in that and there is no practical risk of this thing happening again. So there is no point to it and it's a waste of time. Those arguments will be put and will be fully ventilated. As to what the mind of the court is, we will learn of it when it's pronounced."

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