Gay man to pay after withdrawing anti-buggery challenge
Barbara Gayle, Justice Coordinator
A gay Jamaican man who was challenging the country's anti-buggery laws has had legal costs awarded against him after he failed to formally tell the court he was discontinuing the case.
Last week, Javed Jaghai, announced that he was dropping the case because of safety concerns.
However, the matter was scheduled for pre-trial review today in the Supreme Court.
Justice Betram Morrison was expected to make rulings on three applications made during the last hearing.
Even though Jaghai filed a notice to discontinue the case, the procedure is for him or a representative to attend court and make the disclosure.
However, neither Jaghai, JFLAG - which is a co-claimant - nor their representatives, turned up for court.
A lawyer representing one of the parties which opposed the challenge, later explained that the judge ordered the claimants to pay legal costs.
The lawyer insisted that the award for cost had nothing to do with the substance of the case but because Jaghai and JFLAG failed to carry out the proper procedure when discontinuing a case.
The gay man had argued that the anti-sodomy laws violated his constitutional rights and those of other people.
In a statement from JFLAG last week, Jaghai said he is no longer willing to gamble with his life or those of his family members.
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