Friday deadline for defendants

Attorney General Dale Marshall, Head of the Covid-19 Monitoring Unit Ronald Chapman and Commissioner of Police Tyrone Griffith, have until this Friday to file their response to an action brought against them by attorney-at-law Neil Marshall. When the matter came up this morning before Justice Jacqueline Cornelius in Supreme Court No. 13, the defendants had not yet supplied their written submissions.

Benson Straker, managing director of Benson Minimart Ltd., of No. 44 Thorpes Terrace, St James, Benson Minimart Limited, trading as a legal person, Adrian Kellman, proprietor of the popular Kermit’s Bar, at Thornbury Hill, Christ Church and Senator Caswell Franklyn are suing Government with respect to COVID-19-related legislation. Their counsel Marshall is contending that Government has acted unlawfully and beyond its legal power of authority with respect to measures implemented following amendment of the Emergency Management (Amendment) Act 2020. Both Straker and Kellman had their businesses closed by police and the Monitoring Unit respectively during periods of the state-imposed curfew.

The measures, have among other things, limited free movement and activities, occasioned the shutdown of some businesses and in instances led to citizens being arrested, incarcerated or fined for breaches of the emergency legislation.

Today, Marshall made an application to consolidate the cases and those of Straker, Kellman and Franklyn will be heard simultaneously. June 21, 22, 25, 28 and 29 have been set aside for those matters. The action related to Benson Minimart Limited will be dealt with immediately after the other cases have been heard.

Chief Medical officer Dr Kenneth George, Attorney General Marshall and Chapman have been called as witnesses by the plaintiffs. Franklyn was the sole plaintiff present on the Zoom session this morning. Also on the call were principal crown counsel for the Solicitor General’s Office attorney-at-law Marsha Lougheed and attorney Ann-Marie Coombs. (WG)