Gov’t rehashes failed trial arguments in appeal
(CNS): Government has now filed its appeal against Justice Tim Owen’s ruling last month in favour of Shirley Roulstone, which found that the referendum law that was rushed through the legislature for the cruise port vote was unconstitutional. The appeal is largely based on the same arguments presented at trial, which all failed. While the document lists five grounds of appeal, many overlap and are hard to distinguish. Nevertheless, government is persisting in its costly fight against the wishes of its own people.
Despite the premier’s admission Friday that this project is more or less lost and the current deal is unlikely to last as a result of the court’s ruling and the ongoing delays, his administration appears to be set on attempting to keep the project alive, regardless of the current set of circumstances aligning against the cruise sector in general.
The appeal claims that because section 70 of the Constitution, which deals with people-initiated referendums (PIRs), does not say anything specific about the law needed to pave the way for a PIR, the judge was wrong when he described what sort of legislation should be passed.
Justice Owen ruled against government largely because he found that it had passed an appallingly bad law that would have prevented a fair democratic vote, and it had done so for all the wrong reasons. As a result, he found the law was unconstitutional because it undermined the principle behind the provision for a people’s referendum, which was designed to give voters a chance to directly challenge very important and specific government policies.
But the government has again argued, in a nut shell, that it does not matter how bad the law is because the Constitution does not specifically require any law passed for a PIR to be good; it only says that there must be a law, good or bad, to support a specific vote.
It is not clear who has written government’s appeal, since the document is not signed by any attorney but by the Attorney General’s Chambers. The attorneys have, however, argued that the judge’s findings regarding the inherent bias that government is bound to have in any referendum is “illogical” because the parliament, not government, passes the legislation.
This was one of many points the judge raised to highlight the need for framework legislation to support section 70 before a specific law for a vote is passed.
The method by which government moved to pass the referendum law was a clear act of bias: it was presented to the opposition only an hour before the vote, it had never gone through a public consultation process, and it was rushed through with the help of government’s majority at the eleventh hour.
The government has also argued, again, that a judge should not offer any remedy to a constitutional breach, as happened in this case, which was the successful legal action brought by Roulstone over the government’s clear attempts to scupper the people’s referendum.
The government continues to maintain the idea that, because of the separation of powers between the judiciary and the executive, fixing any flaws in the law is up to it the legislature, which it controls, and they can decide when and how, or even if, it does so.
However, Justice Owen already addressed this issue in his latest ruling. Having found against government on the referendum law on every point raised by Roulstone, he said it would be a “legal fiction” not to order the law quashed.
Nevertheless, government has illustrated its support of its position with the Day and Bodden marriage equality case. Even though the government was ordered in November to “expeditiously” address the flagrant breaches of this same-sex couple’s human rights by providing legislation for same-sex civil unions, government has made no effort to address that direct court order.
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Category: Local News
Sort out the dump you IDIOT
Just about all of the commentators fail to grasp the point. A judge has given his interpretation of certain provisions in the C.I. Constitution; its his opinion alone, another judge might well see it differently. Such an important matter must go the whole way to the Privy Council otherwise every new judge will feel unconstrained in delivering possibly contradictory opinions which make a mockery of the actual wording of the document.
All points were found after judicial review to be repugnant to the Constitution and contrary to public interest…that’s not an off the cuff finding of personal opinion. You’d think that Mensa members would understand that…maybe that’s why he didn’t personally sign the appeal/career ender.
“It does not matter how bad the law is because the Constitution does not specifically require any law passed for a PIR to be good; it only says that there must be a law, good or bad, to support a specific vote.”
That’s it. That’s the appeal.
Who writes these statements for these people?? Almost exactly like the Bonaventure case where the (very intelligent) lady stated, ‘There’s nothing that says we needed to make sure everyone could swim, including the liaisons. So it’s not our fault that boy drowned!!”
FOOLS. Absolute FOOLS!
CNS wrote the line you quoted for them, actually. (It wasn’t a quote in the original article.)
Is there any way to get an election now? Given Cayman’s short memory I don’t think we can afford to wait for 2021.
Which combo of the usual two party affiliates would you plan to throw in with this time around? You guys haven’t amended the constitution to allow better candidates. A reshuffle doesn’t fix the broken deck.
Rotten Potato 2021… at least that has a chance to still grow and produce something! Anything or anyone would be better suited that what we have currently!
Sounds like a spoiled lil brat who cant have his way. This government is full of little crybabies that like to go running to mommie every time they cant get what they want. TIME TO GO!
I wonder if all the PPM drones ever read these comments on CNS to get the drift from the general population. It’s a real shame they cannot be treated as driftwood and sent out to sea again never to return.
Wasting money again… try fix the dump!
#VoteAldenOut
If I recall correctly, CIG was successful with the appeal against the CJ’s ruling in the Day case. Don’t rule out another judge’s ruling getting knocked down. My bet is that it will. we shall see.
They lost!
Who lost?
CIG!
Exactly.
Way way way way way back on Oct 20, 2016:
“I will retire to my farm in the bush in East End, worn out, but contented,” Mr. McLaughlin told the Chamber of Commerce’s annual Legislative Luncheon at The Ritz-Carlton, Grand Cayman.
“To succeed as a government, we understand that there has to be give and take, that you must have the maturity to disagree on issues but still be able to continue to work together in the best interests of the country,” Mr. McLaughlin said. “There is no room for selfish, narrow-minded thinking when you are running a country.”
“We must make sure that, come May 2017, God willing, [it] is his last time,” Mr. Bush said. “Cayman cannot withstand four more years of [the Progressives’] self-serving, self-aggrandizing mismanagement.”
He’s a slave to his own ego.
I hear they’re tearing up Smith’s Cove right now.. Is this true?
Yup. Bulldozers and all.
We have a rogue government.
What people clearly want is for the dump to be fixed, Mac to be appropriately dealt with, the cruise port scuppered, our environment protected, and corruption stamped out.
What the government wants is for the cruise port to go ahead, to do nothing about Mac or the dump, to allow developers to do whatever they want and to continue their shady self-interested practices and jet setting lifestyles.
They’re also ignoring the clear orders of our highest courts.
They are doing literally the opposite of what the people and the courts have told them to do.
Is that not grounds for the UK to step in? If not, what would it take? Is the FCO even aware of how bad things have gotten here?
Please, please, please, home rule. We cannot take this anymore.
Technically, MLAs bring Bills to the LA for a comment period, debate, and subsequent vote by all members (into Law), but ALL TOO OFTEN, it is the Unity Cabinet that have abandoned this mechanism entirely. The Cabinet know (by intentional design) that they carry a majority of the votes, and thus entirely dismiss the participation of the rest of the LA. Despite a public duty to do so (ie. we are paying them to do this) the Opposition bench is prevented from shadowing the work of the Government Ministers. Why? Bills are rushed and discussed ONLY in PRIVATE CAUCUS, in many cases, they are UNILATERALLY SIGNED INTO LAW, often coming into effect, prior to being rubber stamped in the LA for hindsight optics. If the Unity Government truly want the LA to function properly, then they cannot erase or ignore the history of maladministration in that House, presided by an alcoholic, physical assaulting House Speaker. They don’t get to have it both ways. Repugnant Laws can’t be thrust on the public simply because the Cabinet has engineered them that way for expedience or international optics. That’s not good governance.
The Government better call Saul!! ha ha
Salty comment
Our chief kleptocrat continues to flog this dead horse after resigning himself of its failure. Just resign, you’ve lost, you’re lost and take the rest of your kleptocratic buddies with you! Quit stealing public money to fight for your own personal agendas!
So passing a bad law is OK? You hearing the mentality here? Your mothers all turned in their graves…I am sure they told you that if you are going to do something, do it well. Jeez…how could anyone vote for that shit?
Vote them out. They are all clueless
We did!
Well. Guess that answers the previous question.
Is now official and fact. They keep pushing this dock foolishness because of greed.
Hopefully Cayman will force the recouperation of all this money needlessly spent by seizing and forfeiting the personal assets of these MLA’s, special interest groups and businesses.
Come on Cayman, CPR and others.
JOIN THE MOVEMENT……
#PAYITBACK………..
#payitback………….
Which is it now Aldart, – is it a game of oneupmanship, a personal application of Arnica against a bruised ego, or a Govt stance against the majority of people.
just in case permit me a few more lines to clarify, – remember, you are a,
/ˌreprəˈzen(t)ədiv/
of the electorate, not an autocratic appointee.
Having read the Grounds of Appeal, it is highly doubtful that the Attorney General was involved in the drafting. It is far too articulate and most likely settled by UK Counsel.
Awesome so Government is still fighting, wasting time and money for something Cayman doesn’t want and certainly doesn’t need.
All the while the Island is literally on fire and no word from government on it …
We need a new government desperately with new people and not the same old idiots.
And our tourism economy is about to go over a cliff. Hundreds of Caymanians will need extensive direct assistance, and government’s income is about to fall precipitously. Businesses will be closing. Meanwhile government is increasing its expenditures on “vanity” items.
Dear CI Government
STOP WASTING THE PEOPLE’S MONEY! Why are you doing this? To save face? Guess what! You will lose! Even if it goes to the very top YOU WILL STILL LOSE!
Cut your losses now! Apologise! Move on to… fixing the dump, caring for the environment, fixing education and about 100 other things that are, frankly, more important. 🤬🤬🤬🤬🤬
Premier Alden get’s it wrong again because of his narcissism and ego.
The Cabinet members Moses K, Tara Rivers, Joey Hew, Juliana Connolly, Roy McTaggart, Dwayne Seymour and the other back bench members Eugene Ebanks, Barbara Connolly, David Wight and Austin Harris have agreed with continuing to fight the people and their constituents. They do not deserve to be re-elected because they do not respect the wishes of their constituents and lack the backbone to stand up to their leader.
In 2021 VOTE THEM ALL OUT
This case is inevitably now headed for the Privy council, which is less likely than the Court of Appeal to be swayed by political BS
Another waste of time and money by Alden, Moses and the AG Sam Bulgin. They do not believe in good governance or respecting citizens exercising their democratic rights.
The Premier and every member of his Unity government proves again they are a collective disgrace.
This truly saddens me. Is this Government really so out of touch with its people.
We need an election.
Petition the governor to dissolve the LA and call an election.
Build our port!
These rotten representatives do not represent the people. They need to go!
The cruise pier project is dead, move on please.
He just won’t get it, isn’t it?
Nope! The phrase, ‘flogging a dead horse,’ seems apt here.
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