Attorney at Law Martin George says while the ruling of Justices Alan Mendonca, Peter Jamadar and Gregory Smith to turn down the appeal made by businessmen Ishwar Galbaransingh and Steve Ferguson in relation to the Section 34 repeal is a landmark decision, it is not the final word on the matter.
Speaking to C News, he said the Privy Council will still have to rule on the matter and noted that the Court of Appeal had already given leave for the appellants to be able to go to the Privy Council.
“What is interesting though, and I think it is something the appellants must consider going forward, was that in the judgement, the judges of the Court of Appeal were very clear to point out that there was no affidavit from any other Parliamentarian nor any other Government Minister which contradicted the affidavit of the Attorney General. So in other words, what they said is that the Attorney General presented an affidavit which was not uncontroverted and furthermore he was not cross examined on his affidavit. It meant essentially that the appellants accepted whatever was in that affidavit.”
The court had previously ruled that the local cases against the men are to be heard before they are extradited to the United States.
Mr. George said this would still be subjected to the final determination of the matter at the Privy Council.
“So the Court of Appeal had already granted stays pending the Privy Council appeal.”