Appeal filed to High Court ruling on a challenge to the convening of parliament

Appeal filed to High Court ruling on a challenge to the convening of parliament

An appeal has been filed against a recent High Court decision that cleared the way for Senate hearings to resume.

And the matter could end up before the Caribbean Court of Justice.

Former Attorney General Adriel Brathwaite confirms that he today filed in the Barbados High Court an appeal against the decision that was rendered on March 14th.

Mr. Brathwaite through his legal team headed by Queen’s Counsel Garth Patterson had filed a challenge to the convening of a new session of Parliament contending that the Upper Chamber was improperly constituted since an adequate number of Senators had not been appointed.

They argued that any business conducted by the Chamber would be invalid.

However, Madame Justice Cicely Chase ruled that President Dame Sandra Mason had properly convened Parliament when she appointed only 18 Senators instead of the 21 the legal challenge insists is required under section 36 of the constitution.

Justice Chase also felt the President was within her right to seek guidance by constitutional amendments with respect to appointing opposition Senators.

 

Mr. Brathwaite, following the filing of his appeal against those rulings, said he’s confident that justice will eventually prevail and that the rule of law will be upheld.

He added that these are matters for which there is an urgent call for certainty.

And, he made it clear that he believes this will only come when the country’s highest court, the Caribbean Court of Justice, adjudicates on the issues.

The former attorney general also referred to the recent failed attempt to pass constitutional amendments in the Senate saying he is heartened by the courage of the five independent Senators who spoke up against the measure.

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