Today we also asked the Attorney General about the pending appeal to the Caribbean Court of Justice.
Audrey Matura, attorney for the Central American LPG companies, told us via telephone on Thursday that she is already preparing to seek leave to appeal this second judgment at the Caribbean Court of Justice.
She also pointed out that the substantive case that her clients have brought against the Government is still pending, and she will be pursuing that matter in the Supreme Court for a full hearing in the near future.
Today the AG says that Parliament has decided who it wants to buy butane from:
Hon. Michael Peyrefitte- Attorney General
"Well, they are claiming that this is urgent and our argument was that we pass this law, like you said, from last year. What's so urgent about it? I don't want to preempt or try to make it seem as though I am preempting the court but if they ever succeed in this matter I would be very surprised. I believe we have a strong case, I believe we have a good case so, I believe we will be successful. However, that is up to the court."
Peyrefitte also discussed a series of letters which 7News has seen. IT is an exchange between Matura and the the Court of Appeal where on April 30th, she is pressing them for a written judgement for Civil appeal #7 against the decision of CJ Arana. She asked for it by May 4th, and when it was not forthcoming she wrote another letter, pressing for it again citing precedent which says, quote, "it is ordinarily the duty of a professional judge to give reasons."
The Court seems to have bristled at that, and in a sharp reply, the Assistant registrar for appeals writes, quote, ""...You are advised to reread the announcement of the judgment of the court, as set out in my email of the night of Wednesday, April 29th, 2020. It is hoped that you will appreciate, after having done so, that the court has, in fact, promised written reasons for judgment... As to the rest of your request of the Court, it is repeated that the same is considered quite out of order by the Court. Accordingly, the Court does not expect to have to further repeat to you what it thinks of this remaining part of your request..." End quote.
It adds, quote, if and when counsel feel that they may be out of their depth or, for any other reason, in need of help, they should turn not to the Court but to members of the Bar possessed with greater learning and experience than they."
In legal talk, that's quite cold, and we asked the AG about it today:
Hon. Michael Peyrefitte- Attorney General
"Yes, there has been an exchange of letters between Ms. Matura and the Court of Appeal and essentially giving the Court of Appeal a deadline by when they should give reasons to her and her client for the purposes of an appeal. And then the court of appeal responded- and I hope in my legal career I never get a letter like that- essentially telling her that she was out of order and she shouldn't be writing to demand stuff like that. Then she wrote again saying that, I do know the law and that is why I am pressing for it. Then the Court of Appeal wrote again saying, well if you are out of your depth then you are out of your depth, your not necessarily to ask the Court of Appeal for advice but rather to go to other council. Another letter I never receive in my lifetime as a lawyer."
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