Court awaiting appeal decision before hearing constitutional case

Former Attorney General Adriel Brathwaite will have to wait just a bit longer for his Constitutional motion to be heard.

That’s because when the matter came up before Justice Cicely Chase in the Supreme Court this morning it was adjourned sine die, pending the decision of the Court of Appeal.

Brathwaite, through his attorney Queen’s Counsel Garth Patterson is challenging the validity of Parliament convening with less than a full complement of legislators.

Last month Justice Chase ruled against Patterson’s arguments on preliminary points.

In an email to the court, Patterson
indicated he would be seeking an adjournment until the Court of Appeal handed down its ruling.

“On March 23, 2022, the applicant filed a Notice of Appeal in the Court of Appeal, appealing the decision of Madame Justice Chase. Subsequently, on April 4, 2022, the applicant filed a Notice of Application in the appeal proceedings seeking various case management orders, including an order staying the proceedings in the High Court until the determination of the appeal. This application has not yet been heard or otherwise dealt with by the Court of Appeal.

“In these circumstances the applicant wishes to provide the court and counsel for the respondent with notice that it will be seeking an adjournment of the April 12, 2022, hearing pending the determination of the application,” the email stated.

Patterson had argued that the Upper Chamber didn’t have the required numbers to be properly constituted.

However, Justice Chase subsequently ruled that the Upper Chamber was in fact properly constituted.

Following that ruling Patterson lodged a 13-page notice of appeal asking the Court of Appeal to stay the proceedings in the High Court, pending the determination of the appeal.

Government is being represented by Queen’s Counsel Leslie Haynes, Roger Forde and Alrick Forde, along with Gregory Nicholls and Simone Scott from the Attorney General’s Chambers. The instructing attorneys are Carrington & Sealy attorneys-at-law represented by Dr Adrian Cummins Q.C., Shericka Mohammed-Cumberbatch and Jason Wilkinson.
randybennett@barbadostoday.bb