PICTURED ABOVE : L-R : Neil Weekes, lawyer; Sen. Caswell Franklyn; Shamar Bovell, lawyer.
THIS FEATURE FIRST APPEARED IN barbadostoday.bb ………
There is a “very real possibility” that a class action suit could be brought against Government for the manner in which it has enforced its COVID-19 directives.
That is the word from attorney-at-law Neil Marshall, who said he had received several phone calls from mostly shop owners, interested in taking action against Government for what they consider to be illegal legislation.
He made the revelation while speaking to members of the media at the High Court, moments after making an application to the court on behalf of his client Senator Caswell Franklyn.
Franklyn is questioning the validity of Government’s COVID-19 directives and is charging that they were not implemented in accordance with the laws of Barbados.
Marshall, is also representing Benson Straker who is suing Attorney General Dale Marshall and Commissioner of Police Tyrone Griffith for acting unlawfully and beyond their legal power with respect to measures implemented following the amendment of the Emergency Management (Amendment) Act, 2020.
Straker’s matter is set down for next Thursday.
The attorney-at-law said he was also planning to file a case tomorrow on behalf of another client who is alleging their constitutional rights were breached by the directives.
“I have actually been inundated with calls from persons who want to bring an action and there is a very likelihood that we could have a class action in this matter. I have really advised my clients who are so interested that we have about three matters which are before the court and they are all substantially the same…so what we should do is see how this matter plays out and they can take whatever course of action they so desire if they have suffered any sort of loss or injury by these measures,” Marshall said.
In explaining Franklyn’s particular case, he said the outspoken trade unionist was not seeking any damages from Government.
Marshall, who is working alongside Shamar Bovell, said his client simply wanted Government to follow the law.
He said there were “at least 10 or 11 grounds” they were asking the court to pronounce on.
“What we’ve really applied for here today is a set of declarations from the court. In other words, this matter is not a matter where we are seeking damages or anything from the Government. What we are asking the court to do is to declare on a set of these measures that are purported to be law, one on the constitutionality; two on whether or not they are indeed law to begin with and three, on issues where they contradict each other or rather run afoul of other laws.
“If the court agrees with us and declares some of these things are unconstitutional, they are ultra vires of each other and contradictory of each other and some of them are just simply void to uncertainty, then it is open to anyone who has suffered injury by these measures to bring an action if they so desire against the Government of Barbados for either restitution or damages,” Marshall said.
Senator Franklyn contended that people had been sentenced to jail under laws that had not seen Parliament.
He said under the Interpretation Act the maximum penalty the Prime Minister could put in any statute was a $500 fine or three months in prison, yet under the directives the maximum penalty was a fine of $50,000 and or one-year imprisonment.
“The intended outcome is for the courts to tell the Prime Minister you must follow the law and you must do it the right way. And all of those people who were convicted under these illegal rules should seek compensation from the court,” he suggested.
This feature was written by – (randybennett@barbadostoday.bb)
L-R : Neil Weekes, lawyer; Sen. Caswell Franklyn; Shamar Bovell, lawyer. 
L-R : Neil Weekes, lawyer; Sen. Caswell Franklyn; Shamar Bovell, lawyer. 
L-R : Neil Weekes, lawyer; Sen. Caswell Franklyn; Shamar Bovell, lawyer.
