Port of Spain; Businessmen Steve Ferguson and Ishwar Galbaransignh suffered defeat in the High Court yesterday as High Court Judge Mira Dean-Armorer ruled that the lawsuits challenging the constitutionality of the repeal of Section 34 were dismissed. Every legal argument Ish and Steve's lawyers presented in an attempt to stop their Criminal proceedings was struck down by the High Court Judge.
The two are charged with several criminal offenses arising out of the Piarco Development Project, had complained through their constitutional motions that the repealing of section 34 deprived them of an assurance from the state that they could apply to have their matters dismissed, on the basis that they were older than ten years, before it was revoked by parliament.
The decision was delivered to a packed courtroom, the judge heard legal arguments over a period of several days which started in late January until early February, from some of England's leading constitutional experts. Yesterday she entered the courtroom and commenced reading the introduction of her judgment, followed by her reasoning and then the decision.
Dean-Armorer said the team of attorney's failed to prove any of the eight legal issues raised in the claim. After her judgment British Queen's Counsel Edward Fitzgerald, who headed the legal team, appealed to Dean-Armorer to grant a conservatory order to put his clients' ongoing criminal proceedings on hold while an appeal is being prepared. His appeal was rejected, she advised him to seek the requested relief from the judges of the Court of Appeal.
Ferguson and Galbaransingh who sat side by side had their fingers interlocked for the most part but as the judge began dismantling their submissions, Galbaransingh folded his arms while Ferguson shook his left leg nervously. The proceedings ended at 2.44 p.m. The judge arose, smiled at her attentive audience, and told them "Have a good weekend" At the close of yesterday's hearing, Fitzgerald assured the court the appeal would be filed in less than seven days, with a tentative deadline of next Friday.
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