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Jan 16, 2014 News
-We are confident that we will get satisfaction when we move to appeal the court’s decision – Basil Williams
The recent decision by the Full Court in the Budget Cuts Case does come as a “disappointing turn in the proceedings of the matter,” but it has not daunted the spirit of the political opposition Party, the A Partnership for National Unity (APNU).
In fact, Shadow Minister of Legal Affairs, Mr. Basil Williams of the APNU has emphatically stated that the Party will appeal the decision by the Full Court will be appealed.
The Full Court had ruled that it had no power to hear the appeal; that the Chief Justice’s use of the word “dismissed’’ meant that the issues between the Attorney General, Mr. Anil Nandlall and Brig. David Granger who stands as the Leader of the political collation, APNU had been determined.
The Full Court of the Supreme Court after months of hearing arguments from lawyers on both sides took less than five minutes to render their ruling in the controversial Budget Cut Case on Monday last.
Justice James Bovell-Drakes and Rishi Persaud had refused to rule on whether Chief Justice Ian Chang breached Brig. David Granger’s constitutional right to be heard in that case even though he had waived his immunity to defend the cuts made to the budget when it was laid before the National Assembly.
Further, Williams told members of the media corps that he is confident that the appeal would be granted.
“We are very confident about this appeal. The issue is a simple one. It is not the first time we have this case. In fact the Attorney General and I had a case and he won that one and I appealed that case at the Caribbean Court of Justice (CCJ) and won…we have to get leave to appeal. When we get this leave, we have 14 days to file the appeal…The decision by the Full Court was erroneous in the point of law because that was in fact the proper forum for such a matter. If the decision remains unchanged we will go to the CCJ.”
Moreover, Williams explained that APNU will stand by its position which is; the Opposition has the right to cut the budget in spite of the fact that Nandlall believes otherwise.
Williams however during a press briefing yesterday held at the Office of the Leader of the Opposition on Hadfield Street expressed that an appeal lies with either the Full Court or the Court of Appeal depending on if the High Court’s decision is final or interlocutory (not finished).
The Opposition faction, the Attorney asserted will therefore have to appeal the Full Court’s ruling. It is convinced that the continuation of the issue of whether the Opposition can cut the budget before the Chief Justice despite the exclusion of Brig. Granger means that it is still interlocutory.
Williams said that the decision by the Full Court will not have any effect on their approach to the 2014 budget when it is laid before the National Assembly.
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