Attorneys representing Keith Mitchell in Civil Appeal No. 19 of 2014, found themselves in a fine pickle before the Court of Appeal at its sitting in St. George on Monday.
Lawyers Subrita Khan and Vanessa Francis-Banfield filed two applications before the court in the ongoing saga to have Garvey Louison FCCA, Chartered Certified Accountant and CEO of Louison Consulting, removed as liquidator of the now DEFUNCT Grenada Today newspaper.
The first application was for a stay of execution on the payment of EC $2,000 as costs in the substantive matter completed before the High Court earlier this year and the second application was with regard to the granting of leave to appeal the decision of the High Court.
The panel of three judges including Chief Justice, Madame Janice M. Pereira, herself suggested that the Attorneys had a first hurdle to overcome albeit that the learned Judge at the High Court, Margaret Mohammed, had stated in her judgment that the person whose affidavit was filed before the court had no “locus-standi” to move the court.
At that point the attorneys sought permission of the court to file two additional affidavits. The court recessed and studied the affidavits during its recess.
Returning to the bench, the panel signaled that they had read the additional documents and that attorney Khan should proceed with her oral submissions. At that point Ms. Khan rose to seek leave of the court to withdraw her applications. Why did Ms. Khan withdraw? In this position Khan was unable to cross the first hurdle before the Court of Appeal. She described the task before her as an “uphill battle” and she withdrew her applications.
People who have followed this matter from its inception are still flabbergasted at the relentless manner in which a sitting Prime Minister has used his power to hound an ordinary citizen even to the point of refusing to pay cost of EC $2,000 awarded by the court.
In the matter before the Court of Appeal, cost of another EC $1,500 was awarded to Louison.
It is not clear whether Prime Minister Mitchell will now take the matter to the next stage – the British Priy Council in London.