Lawyer files constitutional motion against chief justice

LEADER of the National Independence Party, Saphier Hussain, has challenged the chief justice’s decision to refuse his application to be joined as an interested party in the Fixed Date Application filed by Compton Herbert Reid in respect of the no-confidence motion.

The leader of the National Independence Party set out four grounds on which the decision should be declared void, a release from the party stated.

The lawyer claims that the chief justice’s statements: “Small parties are springing up all over in the country” was prejudicial and the decision was in violation of Article (10) of the constitution, whereby the right to form or become a member or leader of a political party is guaranteed. Also, the constitutional lawyer claims that the decision of the chief justice was in violation of Article 149 of the constitution, which pertains to discrimination on the basis of difference of political opinion.

Also, Hussain alludes to prejudicial treatment with respect to appointment of senior counsel and refusal to tax costs awarded him in the Petition of Esther Perriera as previous adverse decisions.

Most of all, Hussain claims that if he does not have locus standi as a leader for a political party which has contested general and regional elections since 1997, the decision is contradictory or Compton Herbert Reid who is an elector has no locus standi to bring the action. The lawyer quoted passages from the Caribbean Court of Justice in the cross-dressing decision case to support his contention.

The matter will be heard on Monday, January 4, 2019 at 10:00hrs before the Honourable Justice Madam Priya Sewnarine-Beharry.

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