FROM LEFT: Attorneys-at-Law Shamar Bovell and Neil A. Marshall and Opposition Senator Caswell Franklyn as they descended the steps of the Supreme Court Complex yesterday after filing the suit against government.
Opposition Senator Caswell Franklyn has brought a lawsuit, filed with a Certificate of Urgency, against Government’s Covid-19 directives.
Speaking to The Barbados Advocate yesterday afternoon after leaving the Supreme Court Complex, accompanied by attorneys-at-law Shamar Bovell and Neil A. Marshall, he remained adamant that the directives are non-binding as they have not first gained the approval of Parliament.
“We also filed a Certificate of Urgency, asking the court to treat this as an urgent matter so we can hear it quickly, because this matter is too important to be strung our through the legal system going on for years and years like what happens with the others. The Prime Minister cannot come and make laws and people are getting imprisoned and the matter is still up in the air. The matter has to be settled,” he stated.
The current Emergency Management (COVID-19) (Curfew) (No.4) directive, outlines that a fine of $50 000 or one year imprisonment, or both, may be imposed on anyone failing to comply with the terms and conditions of the curfew.
“Even if a state gives you the power as a minister to make regulations, those must come before Parliament. In this case, the Prime Minister must bring these emergency regulations within seven days, and so far since March last year this has not happened. As far as I am concerned, people have gone to jail and people are being punished for laws that cannot be properly on the books,” Franklyn argued.
Stressing he is not against government’s moves to reduce the spread of the virus in the island, the veteran trade unionist nevertheless contended the correct steps have to be taken. (JMB)