Home » Posts » AG clashes with magistrate on law

AG clashes with magistrate on law

by Fernella Wedderburn
4 min read
A+A-
Reset

Barbados’ top legal advisor has described as “most unfortunate” recent comments by Magistrate Graveney Bannister regarding the enforceability of the Emergency Management (Covid-19) Curfew No 3 Directive, 2020.

In fact, Attorney General Dale Marshall said Magistrate Bannister, who sits in the District ‘A’ Traffic Court, has “chosen to step beyond his responsibility as a judicial officer, and to trespass on matters that are for the Executive or the Legislature.”

The Attorney General’s chiding came just a day after Bannister charged that the law was “badly drafted”.

The judicial officer made the claim as he dealt with the case of a teenager who pleaded not guilty to the charge of breaching the Emergency Management Covid-19 curfew on April 21 by being outdoors at 3 p.m. without a reasonable excuse, when there was a directive imposed on the island requiring every person to remain indoors between 6 p.m. April 15 and midnight on May 3.

Marshall, reacting to the magistrate’s comments through a press statement, said while judicial officers are called on to “interpret our statutes and apply them, this duty only arises in the context of a matter over which they are presiding.

“It is, therefore, most unfortunate that he has chosen to step beyond his responsibility as a judicial officer.”

Marshall added that it was “also regrettable” that Bannister’s commentary which was highlighted in another section of the press was, “Likely to lead Barbadians to doubt the validity of the directive and its force in law.”

And he has sent a strong message to members of the public that members of the Royal Barbados Police Force will continue to, “apply the terms of the directive strictly for as long as this curfew remains in effect.”

He added: “As Attorney General, I am satisfied that the directive is fully enforceable in law and I caution Barbadians against testing the legal system based on the magistrate’s expressed view.

“There are several specific provisions in the directive that speak clearly and unequivocally to the fundamental rule that Barbadians are simply not to leave their residences except they are engaged in permissible activity and during the times allowed.”

Also addressing the issue of the legislation was prominent attorney-at-law Arthur Holder who was questioned by the media in the precincts of the District ‘A’ Magistrates’ Court about some of the perceived confusion surrounding the curfew directive.

“I can’t answer that, I am not a drafter of the legislation,” Holder said adding, “One has to examine the legislation carefully to see if there is any anomalies.”

But he added: “I have looked at the curfew and I don’t think that I am so foolish and dumb. The curfew as I understand it, the curfew which was extended is from April 15, 6 p.m. until May 3, 6 a.m. and or midnight  – which is 24-hour curfew per day until May 3.”

The lawyer, who is also the Speaker of the House of Assembly, went on to explain that based on his reading of the legislation, Section (1) specified what was in place during that two-week period, including the listed exceptions.

“So what I saw circulating yesterday that the police were stopping people in Waterford Boulevard . . . and that was in the day time. So that should tell you then, obviously, that their interpretation of it is the same as mine. That there are exceptions to it if you can show a) you went to the supermarket; b) you went to the pharmacy etc, etc.

“Perhaps the drafting might not have been the best, but from my reading of it, my understanding of it, my interpretation of it, that is what it speaks to from April 15, 2020 until May 3, 2020 and for me it is simpliciter,” Holder added.
fernellawedderburn@barbadostoday.bb

You may also like

About Us

Barbados Today logos white-14

The (Barbados) Today Inc. is a privately owned, dynamic and innovative Media Production Company.

Useful Links

Get Our News

Newsletter

Subscribe my Newsletter for new blog posts, tips & new photos. Let's stay updated!

Barbados Today logos white-14

The (Barbados) Today Inc. is a privately owned, dynamic and innovative Media Production Company.

BT Lifestyle

Newsletter

Subscribe my Newsletter for new blog posts, tips & new photos. Let's stay updated!

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Accept Privacy Policy

-
00:00
00:00
Update Required Flash plugin
-
00:00
00:00