Ruling on Referendum injunction at 8,30 tomorrow morning

Female high court judge, Justice Wynante Adrian-Roberts will give a ruling at 8.30 a.m tomorrow in a lawsuit filed by attorney-at-law, James “Jimmy” Bristol seeking an injunction to block Thursday’s Constitutional referendum vote in Grenada.

The judge heard the matter brought by Bristol against the Supervisor of Elections, Alex Phillip in Chambers at High Court #3 on the Carenage, St. George’s for about four hours this afternoon.

Justice Roberts heard legal arguments from Bristol and Solicitor-General, Dwight Horsford who was the principal state lawyer representing the Supervisor of Elections.

A source close to the case told THE NEW TODAY that Dr. Francis Alexis, QC appeared on behalf of the State addressed the judge briefly on what was described as “a small factual detail” regarding the duty of persons to publish in newspapers circulating in Grenada.

Appearing alongside Horsford and Dr. Alexis were Attorney-General, Cajeton Hood, Ruggles Ferguson and Maurisa Johnson, a junior in the Office of the Solicitor-General and with Bristol was Claudette Joseph of the law firm Amicus Attorneys.

The source said the early exchanges before the judge focused on a move by the State lawyers to get the injunction dismissed on the grounds that the proper procedures were not followed in filing a case against Phillip on the Referendum.

He said the action brought by Bristol was under the Civil Procedure Rules of the court and not under statues from the Governor-General concerning the holding of a Referendum in Grenada.

According to the official, Bristol argued that these statutes were not in place but the government side produced documents to show that the statutes came into effect on Friday – the same day that Bristol filed the lawsuit against the Supervisor of Elections.

He said the judge apparently did not “buy into” this argument put forward by the State and allowed the matter to proceed.

Bristol took legal action against the Supervisor of Elections citing a number of breaches of the Referendum Act.

The action was filed by Bristol on behalf of Valerie Thompson-Duncan, a retired Grenadian with Canadian citizenship.

The ruling of Justice Roberts will determine the future of the Referendum in which seven bills will go before the electorate for ratification.

The two most hotly debated bills are the move to abolish appeals to the Privy Council in London and to establish the Caribbean Court of Justice (CCJ) as the final appellate court in the jurisdiction and the “Rights & Freedom Bill which some persons are opposing on the grounds that it can pave the way for same sex marriages in the country.

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