AG wants Public Defender's appeal in gay rights court case struck out
The Attorney General (AG) has filed an application seeking to strike out an appeal filed by the Public Defender, Arlene Harrison Henry, in the Maurice Tomlinson buggery law challenge.
The Public Defender has made an application seeking to challenge a Supreme Court ruling refusing her leave to be an interested party in the case.
The Attorney General is contending that the Public Defender did not follow procedure before heading to the Court of Appeal.
Lawyers from the Attorney General’s Department argue that the rules of the Court of Appeal require an applicant to first seek permission in writing from the court before filing an appeal.
The AG says this was not done and as a result there is no proper appeal before the appeals court.
The AG is also contending that the notice of appeal filed by the Public Defender on July 13 this year is not valid and should be struck out.
In her application to join the case as an interested party, the Public Defender argued that her office was created for the purpose of protecting and enforcing the rights of citizens.
However, Justice Kissock Laing turned down the application stating that the Public Defender was seeking to insert herself into the centre of a nationally divisive issue and could lose the confidence of many Jamaicans if allowed to join the case.
The Public Defender then filed an appealing arguing that the judge erred in making his decision.