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Oct 6, 2015

Denys Barrow Calls Bar Resolution “Outrageous” and “Political”

Denys Barrow

The Bar has determined that the decision, whatever it is, speaks to the legality of the much debated Eighth Amendment, and they say it is a matter of public interest so it should be released. But Barrow says all that is moot because the matter of the Eighth Amendment, in light of the settlements, is no longer before the CCJ. But why should there be any opposition to hearing the decision?

 

Denys Barrow, Attorney

“You will have many instances in which decisions are taken in relation to policy documents, policy issues, but it is not for the Court to pronounce upon these generally. The Court needs to wait until a particular issue comes up and give a determination based upon a specific case which is before them. A Court is not allowed or will not give what you call a hypothetical or theoretical decision. So the question whether the Eighth Amendment was valid is not any longer before the CCJ. But the Bar Association or the politicians who are behind this move want to have that. I imagine they have some hope that if the CCJ gave a decision, the decision would say what they want it to say and this would embarrass the government. So that is my understanding of what this is about.”

 

Reporter

“The reality is that for any political repercussions or implications the decision would have to be handed down before November 4th. In terms of a timeframe do you see that happening?”

 

Denys Barrow

“That would be a guess. That would be a guess. The CCJ resumes its sitting in this month of October so I think the calendar is open and the question whether the CCJ will give a decision on the stay which the parties have applied for is up in the air. It’s quite possible but it’s not anything certain.”

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