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Oct 6, 2016

Is Sarstoon Challenge Now Over?

Andrew Marshalleck

Back in May of 2016, PM Barrow in an interview with News Five said that, “the S.I. was to serve the limited purpose of ensuring that at the time the circumstances that saw us fear that we would not be able to protect the lives and limbs of the people who wanted to go to the Sarstoon at the time.” Attorney Andrew Marshalleck makes the point that the application was not dismissed so it can be revived should circumstances warrant it.

 

Andrew Marshalleck, Attorney for P.U.P.

“I don’t think there is any realistic possibility of it happening again. I mean it is conceivable that one would press the envelope and certainly if they did, you would have notice that the Chief Justice did not in fact dismiss it; but he stayed it. So that if they did decide they would want to bring it back, you can revive it. So this is why I pointed out to my friend that I don’t accept that the whole thing was without some success because the mere presence of the claim and the defendants own view as to the merits of the claim will prevent this kind of thing from happening again.”

 

Reporter

“The constitutional point not having been established and the government still we don’t know what will happen—we have a very unpredictable neighbor. If the case arises again and the government has to enact—for whatever reason—such a law and this claim is only stayed. Will you all then seek to revive it or would you all have to go after some broader constitutional matter?”

 

Andrew Marshalleck

“No, it can be revived if the circumstances were to change in such a way. I would have to look at that and see exactly what happened to decide whether or not something new needs to be brought or revived. But the fact that it still sits there is a signal that you better be sure what you’re doing is correct the next time you do it. And I think on this first occasion, the decision to pass the regulation that infringe on the right to freedom of movement was made rather lightly and in circumstances that did not justify such action.”

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