Posted by BY FRANK DA SILVA
Mr Ivan O’neal of the SVG Green Party is contending that in the upcoming referendum the ballot paper ought to use symbols to indicate the “No/Yes” preference. Through his attorney Emery Robertson of Robertson and Robertson, he took the matter to The Court where they were given a November 12 date.
Citing the urgency of the matter and the closeness of the date to the election slated for November 25, his lawyers then file an application for the date to be brought forward. Their application (SVGH 349/2009) has been denied.
Justice Frederick Bruce-Lyle refused the application. “Allocation of time or dates of hearing of matters is the exclusive preserve of the Registrar – an administrative function to which judges have no business in unless the matter is already before the judge. In the circumstance, I have no reason to interfere with the date 12th November, 2009 allocated in this case. Application is refused, “ he has written.
Court Procedure Rules (CPR) 2000 states at Section 56, How to make Application, paragraph 8: The general rule is that the first hearing must take place no later than four (4) weeks after the date of issue of claim.
The subsequent paragraph (Para 9), however, states: Notwithstanding paragraph 8, any party may apply to a judge in chambers for that date to be brought forward or for earlier date to be fixed for a hearing of the application for an administrative order.
CCJ anyone?
