In both cases the claimants had the same attorney - Leeroy Banner. Today on Sunup on 7, Banner explained his thoughts on both judgments and why he intends to appeal Justice Goonetilleke's.

Leeroy Banner, Attorney
"We say that one, there was no need for any state of emergency because it's draconian. And secondly, even if there were the need for a state of emergency, you still have to show that these individuals that were detained had committed, is committing an offense under the law. And there was no evidence before the court to show what offense or offenses these claimants had committed. And it's sad because when you read Justice Nabi's judgement she went to pains to say that something as important as this claim, this magnitude that I would expect that the state would present evidence to show why these guys were detained. Absolutely no evidence. There was only one affidavit from the state, Deputy Commissioner Bart Jones, and he gave only 4 paragraphs. So imagine you have 16 claimants, state of emergency, which is very huge, and you only have 4 paragraph to justify there was the need for the state of emergency."

"And then it is even worse because when Deputy Commissioner Bart Jones was questioned, what evidence do you have about claimant number one? "I have no evidence." What offense did claimant number two commit? "I can not tell you." When was claimant number three arrest? "I can't say." Why? "I can't say." So he gave a blanket statement to say, okay, there was an increase in violence but he said there was a subtle increase. You can't use words like subtle or sporadic because then, so on his own affidavit he is saying that there was no need for a state of emergency because it was only subtle, a subtle increase but at the end of the day, you still have to show what crime each claimant had committed."

Courtney Menzies:
"So in this case of Goonetilleke's judgement, is that a matter that you will be taking to the court of appeal?"

Leeroy Banner, Attorney
"Of course, that will be filed sometime today or tomorrow because like i said, if that judgement stands and the police will see that paragraph where the judge says you have to right to cooperate and if you refuse to cooperate, we can lock you up. Once the police sees that, they will use that to further encroach on your rights because they're already doing and if there's a high court judgement saying it's okay, well that's all the permission the police need."

The state is also expected to appeal the judgement handed down by Justice Nabi in favour of Banner's clients.