Vaccine Mandate Case adjourned

The case in which the High Court decision in the vaccine mandate is being appealed has been adjourned, but a new date has not yet been announced.

The case was set to be heard yesterday February, 1, 2024 but an apology was given by the court which was sitting virtually.

The explanation was that a member of the panel of judges scheduled to hear and determine the matter was unable to do so at that time.

Therefore, the matter is being adjourned to a date that is yet to be decided.

Present at the hearing were: justices Mario Michel, Trevor Ward and Gerard Ferara; lead lawyer for the Government of St Vincent and the Grenadines Senior Counsel Anthony Astaphan; as well as Counsel for the apellees, Jomo Thomas and his colleagues.

During a recent radio appearance Thomas had said that his team is confident that their case is sufficiently solid, and that Justice Henry’s submission is fundamentally sound and that “we will prevail”.

This country’s government lodged the appeal after a ruling handed down by High Court Judge, Esco Henry on March 13, 2023, that resulted in a win for public servants who argued that they were treated unfairly by the government after losing their jobs for refusing to take the COVID-19 vaccine.

In addition to full pay, all benefits due and payable to them, the High Court judge had ruled that the Government is required to pay the claimants’ damages for constitutional breaches “inclusive of an additional award to reflect the seriousness of the breaches and to deter any recurrence”, with interest at the statutory rate of 6 per cent per annum.

The Government was also ordered to pay the claimants’ costs.

Attorney Cara Shillingford-Marsh, Jomo S Thomas and Shirlan M Barnwell appeared for the claimants; while Anthony Astaphan SC, Karen Duncan, Cerepha Harper-Joseph and Grahame Bollers represented the defendants in the High Court.

The appellants in the matter are the Minister of Health, Wellness and the Environment; the Public Service Commission; The Commissioner of Police; The Police Service Commission; and The Attorney General.