Curacaoan man wins appeal against Peter Bunting, Attorney General
The Court of Appeal has set aside a Supreme Court order for Curacaoan, Shurendy Quant, to pay $1.5 million as security to pursue his claim against an alleged unlawful deportation order.
Based on court documents, the defendants - National Security Minister, Peter Bunting and the Attorney General - had asked Quant to put up the money in the event his claim is unsuccessful.
However, Carlene Larmond of the Attorney General's Department says although her office was listed as a defendant, it was never party to the application for cost.
The appeals court found that it would be unjust to impose upon Quant a requirement to pay a security to cover legal cost.
Quant, who was being represented by Carolyn Reid Cameron and Chukwuemeka Cameron, had argued that it was unfair to ask him to pay a security.
The appeals court ruled that given the circumstances of his case this would be an attempt to prevent him access the court to obtain justice.
Quant is fighting the deportation order against him and the Judicial Review Court has reserved its decision.
Quant was deported to his home country in April 2013 and was later sent to The Netherlands to face drug-related charges despite a Supreme Court order barring his removal.
In allowing the appeal today, the court also criticised Bunting, for comments he allegedly made against a Resident Magistrate who heard an application from Quant on a Saturday.
Quant had complained that Bunting had castigated the magistrate at a public forum.
He claimed that the national security minister’s remarks were calculated to interfere with the administration of justice.
The Appeals Court said if Bunting was quoted correctly it is surprising that he does not know that an RM can properly sit and dispose of matters on days other than those gazetted.