Application for leave to appeal Covid-19 Vaccine mandate ruling to be heard today

The Court of Appeal is expected today, to look at written submissions in relation to an application for leave to appeal the Vaccine mandate ruling.

On Monday, March 13, High Court Judge, Esco Henry ruled that the Public Service Commission, Police Service Commission and the Commissioner of Police acted in a procedurally improper manner, misdirected themselves and acted illegally by following the direction of the Minister that Claimants who had failed to take the COVID-19 vaccine should be deemed to have effectively resigned their offices.

Justice Henry said the Claimants in the case were entitled to their full pay and benefits due and payable to them including pensions.

After the ruling, Senior Counsel Anthony Astaphan, part of the legal team representing the Government, said in a statement released on March 13, that they had advised the Government that there is considerable merit in an appeal.

Astaphan, had given a date in March when they intended to file a notice of appeal and an application for a stay of execution of the judgment.

SEARCHLIGHT has been reliably informed that the application has been filed but there will be no oral submissions.

“It will be dealt with according to the written submissions,” the source said.

Back on March 13, Astaphan had noted that his team advised the Government that in the public interest an appeal is required for the very simple reason that the Government needs to know and to have the guidance of a higher court about what needs to be done or should be done or ought not to be done when the Executive branch of the Government and the Cabinet are confronted with a crisis like an infectious disease that kills and hospitalizes its citizens, “to say the least”.

The Government’s legal team comprises Karen Duncan, Cerepha Harper-Joseph and Grahame Bollers.

Astaphan said that while they respect the right of the High Court to deliver a judgement, they also believe they have a duty, if not an obligation to review the reasons advanced by the judge and advise the Government if there is merit in an appeal or whether or not the public interest demands there be an appeal.

While delivering her judgment, Justice Henry said the Claimants did not take issue with the recommendations of the Chief Medical Officer (CMO), in relation to whether they were proportional and or reasonably required to protect public bodies. The judge therefore said it was not necessary for her to make a pronouncement on the recommendations.

Prime Minister Dr Ralph Gonsalves, in a call to the Shake Up programme on We FM shortly after the judgment was delivered said he considered the ruling in the case too important “for us to just rely on the judgment of one judge in the first instance”, adding “ let’s hear what the Court of Appeal thinks”.

He defended the government’s decision to enact the mandate and he also said the defense team has advised him of a win in the Court of Appeal.

On the other hand, lawyer for the Claimants Jomo Thomas, expressed confidence that the judge’s ruling will be upheld on appeal.

The claimants are expected to have filed a notice of opposition, affidavits and supporting submissions with exhibits which are expected to dissuade the Court of Appeal to grant the government’s wishes.

The decision by the government to file for an application to appeal had resulted in protests in capital, Kingstown.