Earlier in the day, we got a chance to speak with Attorney General Michael Peyrefitte about the progress of the legal arguments from both sides. Since no decision was made yet, The press questioned him about the possibility of the two outcomes: one in which the Government is successful, and the other - which has now happened - where the court refuses their applications.
Here's how that conversation went at the midday adjournment of Court:
Hon. Michael Peyrefitte - Attorney General
"There are 2 applications. One is the notice of motion for expedited 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 hear the merits of that issue only, and hopefully reverse it in our favor. 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 21 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 expedited appeal and hear the matter. That was our argument, but the other side will get a chance to this afternoon."
Reporter
"Is there some concern that the Government will not be able to meet the deadline for Wednesday."
Hon. Michael Peyrefitte
"Well, there has always been that concern that the Government will not be able to meet the deadline for Wednesday, but, you cannot rush court time. It takes as long as it takes. We believe that it's been going very efficiently so far. And it will continue to do so, and I don't think 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 surprise 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 would want to do that and finish. I hope that whenever they can decide, they can decide very quickly, so that we can know what, if any, steps we need to take."
"We have considered. We continue to consider the possibility that the referendum will not be held on on April 10th. We know that if the Court of Appeal makes the decision today, refusing our application for an expedited hearing, we know that the CCJ doesn't close, and they have no rules and restrictions as pertains [to] expedited hearings. They could hear it tonight, midnight, 2 in the morning, if they want to. So, is there that option. But, indeed, if the Court of Appeal refuses us, then it would be fair to say that having the referendum on April 10th would be in serious jeopardy. Although not impossible, it would be an even steeper climb to have it on April 10th, if the court rejects us."
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