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Apr 8, 2019

Attorney General Michael Peyrefitte Outlines G.O.B.’s Appeal

Michael Peyrefitte

For context of the day’s proceedings, when the session opened this morning, submissions were made by the government side as to why the appeals court should hear the matter expeditiously based on the rules of procedure. Those submissions took all morning and when the court adjourned at midday, Attorney General Michael Peyrefitte provided an update by outlining the applications that were presented before the court.  We also asked the AG about the stringent deadline that government was attempting to meet.  It was his belief at the time that the matter would be heard in full and a decision rendered in time for the April tenth referendum.


Michael Peyrefitte, Attorney General

“There are two applications, one is a notion for expediting appeal and the other one is the notice of appeal for the injunction itself.  The Court of Appeal must first decide if they will even hear us on our disagreement with the Chief Justice that he should have granted the injunction.  The Chief Justice granted the injunction, remember and we want the Court of Appeal to hear the merits of that issue only and hopefully reverse it in our favour.  However, the Court of Appeal has to decide first and foremost whether or not they can even hear it based on the rules of procedure under the Court of Appeal.  The other side has put forward the argument that you cannot, under any circumstances, hear an appeal within twenty-one days after a judgment has been passed.  Our position is that since the rules are silent on when you can bring an expedited appeal that the Court of Appeal should use its inherent jurisdiction to grant an appeal and hear the matter today.  That was our argument.  There has always been that deadline that the government wouldn’t meet that deadline for Wednesday, but you cannot rush court time, it takes how long it takes for as long as it takes.  We believe that it has been going very efficiently so far and it will continue to go so and I don’t think that the Court of Appeal will be too minded to go as long as they can given the circumstances of the case.  So I wouldn’t be surprised if we go for a certain period of time and if necessary go beyond that and late, if we have to. I don’t doubt that the Court of Appeal would want to do that and finish.  I hope that whenever they decide, they can decide very quickly so we can know what, if any steps, we can take.”

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