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Is Referendum Vote Without A Count Tenable?
posted (April 3, 2019)

So, as you heard the Prime Minister explain, now that the Government is restrained by the injunction, they are already making counter-maneuvers to possibly get around it and push on with the ICJ referendum next week, as planned.

Here are attorneys for both sides speaking on that approach: 

Lisa Shoman, SC - Attorney For GOB
"We are asking for 2 things at this point, applying to the court for a variation. And we've indicated that the variation would be, since nobody know's whether it's yes or no, let's go ahead with our referendum on April 10th, but the Chief Elections Officer wouldn't certify the results, unless we've already looked at the validity those writs, because it's a technical point, and people should, in a democracy like ours, exercise your right to yes or no."

Eamon Courtenay, SC - Attorney for the Claimants
"I need first of all to see what papers are filed by the Government; I need to see what application they make; and take instructions from my clients, and see how we respond. All I will say as I said to the Chief Justice, the basis on which he granted the injunction is the legality of the whole referendum. And the Government, having listened to that, have the temerity to immediately say to him, well, we aren't worried about that. We still want to hold the referendum, but we'll hold the referendum, but we will not declare the results. Seems to me to be a rather bizarre request to the Chief Justice."

Lisa Shoman, SC
"It's not strange, but I understand why Mr. Courtenay feels compelled to say it is strange. What is strange to me is the notion that somehow the will of the people should be held back, simply for what I believe is a technical point. So, that is what is strange to me."

Eamon Courtenay, SC
"They have the audacity to say, well, we don't care. We still want to continue with it. We want want to spend the millions of dollars doing that, but we will not release it until 1 year or 2 years from now, when this matter is finished. It seems to me, as we have argued, they have put all their evidence before the court. They had 52 pages of submissions. They had 25 cases. They took their more than 2 hours to make their arguments. They have lost. Let us respect the court. Let us respect the rule of law."

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