Injunction temporarily stops the amendment

Denys Barrow

The appeal session was to start at eleven-thirty this morning, but was quickly moved up to eleven o’clock. Senior Counsel Denys Barrow assumed charge of government’s argument before the full Court of Appeal bench.

Jules Vasquez

“You made the argument in court that now that the full court is convened, the temporary injunction should be set aside because the matter is now before the full court. What was the success of that?”

Denys Barrow, Attorney

“With respect, the court made the very proper pronouncement that since they are in charge of it, then that injunction remains only as long as they decide—as long as the full court decides.”

Jules Vasquez

“It seems the senate has now concluded meeting and the only thing; the bill now awaits the G.G. assent. The status right now is that the A.G. is restraint from taking it to the G.G. for his assent. Am i correct?”

Denys Barrow

“I would imagine that that is subsumed in the order which was made, but it is something that I would need to study but I would not simply assume that to be the case. I would want to study that order and see what effects it has and I would also want to study that order and see if it enjoins the proper person from progressing this legislation. As you know the governor general was not, I repeat, not restrained.”

Jules Vasquez

“It has to be an undesirable state of affair, even for a temporary injunction, where the judiciary is restraining the executive from carrying out the wishes of the legislature.”

Denys Barrow

“The privy council made a pronouncement and said that it is an exceptional course to take; that a court has to be extremely careful in doing something of that sort and should not lightly—or as it were, easily, readily do it. They need to hesitate greatly before doing it. I do not think, in fairness to Justice Mendez; that he was purporting to do that—he refused to grant the injunction, but in all fairness he would hold the position until the claimants are able to make an application to the full court.”