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Mar 6, 2019

‘Dickie’ Bradley Explains Injunction to Postpone I.C.J. Referendum

Richard ‘Dickie’ Bradley

The claimants in this case are parliamentarians: Rodwell Ferguson, Mike Espat, Oscar Requeña, Julius Espat and Cordel Hyde, as well as Anthony Mahler. The filing of the claim and its possible hearing comes at the eleventh hour, since the referendum is four weeks away.  An application for an injunction has also been lodged before the Supreme Court to prevent the referendum from being held until the court has decided on the matter.  According to Bradley, there is sufficient time for the court to hear arguments from both sides and render a decision ahead of April tenth.

 

Richard ‘Dickie’ Bradley, Attorney-at-law

“This is an application to ask the court to find that to enter into a treaty of the nature of the Special Agreement is in violation of the constitution of this country and it is unlawful.  And if that is so, the referendum to be held on the tenth of April will also be an unlawful act.  The application also is supplemented and complimented by an application to the court for an injunction.  The lawyers are also asking the courts to issue an injunction.  The injunction is to order the prime minister of this country not to proceed to go with a writ of referendum, not to open up that machinery to lead down the road to a referendum because that would be unlawful.  The injunction is to order the Minister of Foreign Affairs, the Chief Elections Officer, the Attorney General, all their agents, servants, officials and whomsoever, not to proceed with anything in relation to this matter until the Supreme Court of the country has had the opportunity of hearing arguments on both sides and making a decision.  Those are the applications in front of the court.”

 

Isani Cayetano

“Do you believe that with the perceived sluggishness of the judicial system that this would be addressed in a timely manner, enough to be able to stave off or thwart the holding of the referendum?”

 

Richard ‘Dickie’ Bradley

“I will have to say that the courts are not sluggish.  The Civil Procedure Rules, the inherent jurisdiction of the court allows for this matter to happen…”

 

Isani Cayetano

“Expeditiously?”

 

Richard ‘Dickie’ Bradley

“Expeditiously.  In fact, because it is a constitutional matter and because it is a matter of such huge importance the court will look at it that way.”


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