Will G.O.B. Challenge Section 53 Ruling at the C.C.J.?

Michael Peyrefitte

Attorney General Michael Peyrefitte has also weighed in on a recent decision by the Court of Appeal to uphold the ruling of the Supreme Court in respect of the Section Fifty-three of the Criminal Code.  According to the AG, he needs to brief Cabinet at Tuesday’s meeting before a decision on a subsequent appeal to the Caribbean Court of Justice will be pursued.

Michael Peyrefitte, Attorney General

“The Court of Appeal having given a decision, basically as you know, interpreted sex to mean not just gender but sexual orientation.  They disagreed with the Chief Justice that the Chief Justice actually wanted to add a sentence to the legislation.  The Court of Appeal said that that‘s for the legislature, that‘s not for the courts.  So what we have currently is the Court of Appeal saying that sex involves sexual orientation.  In other words then, saying that it is now legal on the books for same sex or sex in the privacy of your own home between two consenting adults.  That’s what the law is currently, based on what the Court of Appeal has said.  We have forty-two days to appeal the decision and naturally I have to brief Cabinet on Tuesday as to what the court said and then the government will make a decision as to whether or not it would just accept the Court of Appeal‘s interpretation or go to the C.C.J. for the apex court to make a final decision on the matter and then once the C.C.J. pronounces on it then we would have to accept whatever interpretation that they give.”