Attorney Denys Barrow believes election petition will fail

Denys Barrow

And while Attorney Shoman maintains that this application is apart and separate from what Justice Legal had ruled in February, Attorney Denys Barrow says that Schakron  may have some grounds,  he believes the opposition to the application for leave is very strong.

Denys Barrow, Attorney

“I don’t think I would want to answer it in terms of confidence, but I think that there is a considerable strength in the opposition to the application for leave. Our case is that Justice Legal gave a ruling on that specific matter and the ruling was that the Returning Officer was required to make such a determination. So the question is whether the Chief Justice will decide one way or the other, in their favour or in our favor.”

Marion Ali, Love News

“Ms. Shoman is saying, they are two different cases all together?”

Denys Barrow, Attorney

“Well that is what they argued in there and in a very broad way, it is an argument that they can advance. And as Mr. Smith, very, I think prudently indicated, there is as he puts it some overlap. Actually he was talking about the difference in what he called the causes of action because this election petition seeks to set aside the election and the application made to Justice Legal sought to stop the Returning Officer from making a decision. He is saying that there are two different causes of action. That overlooks the fundamental point that Justice Legal decided the one simple issue, which is an issue in this case, which is, does the Returning Officer have the legal capacity to decide that you are not qualified to be nominated. Justice Legal gave a decision on that point. The question is, whether that decision applies to the fact that they are now seeking to litigate exactly the same issue, once more before the Chief Justice now on an election petition; so different procedures but the same issue. Did the Returning Officer have the capacity to make that determination.”

The ruling on the application for leave to file the elections petition will be handed down on Friday, March thirtieth.