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A Mighty Weighty Matter Before CJ
posted (April 2, 2019)
But, beyond these unfortunate death threats, tomorrow is a pivotal day in the case that the PUP have brought to challenge the 2008 Special Agreement to go to the ICJ.

The judge has weighty legal arguments to consider before he decides whether or not he will grant the injunction and stop the referendum.

Yesterday's case ended about an hour before the start of the news, and so, we were not able to closely examine a few of those arguments that the two sides made in the injunction hearing. Here now is Shoman explaining what are some of the legal issues that the Chief Justice is currently reviewing:

Reporter
"Can you speak to the issue of the separation of powers that was brought up?"

Lisa Shoman, SC - Attorney for GOB
"Of course, what we say is that that issue is really a non-issue for the court, that the court actually has no remit there because there is no separation of powers issue. The court is actually being asked to intervene in a matter that is reserved for the executive. That is treaty-making powers, signing treaties, and also that is resolved for the legislature. That is treaty-making power; that is ratification of treaties. And so, what we are arguing is that there is no separation of powers issue to be discussed here."

Reporter
"Can you tell us where the jurisdiction of the court came in? [That's] the argument that was being made by Mr. Westmin James?"

Lisa Shoman, SC
"The argument about the jurisdiction of the court is being made because what we are actually saying that when it comes to the issue of whether a treaty is lawful, legal, constitutional, unconstitutional - that is not the remit of this court… The treaty is fact has been entered into, has been ratified and that at this point our argument is that there is nothing more for the court to do in respect of the treaty. And so, that entire argument as to whether it's unconstitutional or not is not for this forum and until there is something that the court can rule on if we get to the ICJ, because remember we haven't had the referendum."

Reporter
"You've shared your opinions of the case itself, but what do you make of the arguments they tried to advance?"

Lisa Shoman, SC
"That's as high - you know I'm not going to say wicked things about Mr. Courtenay. He argued eloquently, but we happened to believe that our arguments are more persuasive. Could I be wrong? Of course. We'll leave it to the court to decide, and I think the Prime Minister has already said that whatever the decision of the court, we'll have to respect it, which of course, doesn't mean - as Mr. Courtenay has said - that we won't appeal it."

The Chief Justice delivers his decision tomorrow afternoon, and we'll be there to tell you what he decides.

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