PM should have awaited outcome of court challenges before declaring new SOEs, says Hemmings

 

The Cornwall Bar Association has expressed concern about the declaration of States of Public Emergency in seven police divisions while the legality of aspects of the measure is being challenged before the court.

 

Michael Hemmings, President of the Cornwall Bar Association, says the Prime Minister should have waited on the outcome of the court proceedings.

 

He says two matters - Everton Douglas against the Queen and Rushane Clarke against the Attorney General - are still to be settled in relation to the states of emergency. 

 

Mr. Hemmings, who is involved in the second matter alongside Queen's Counsel Michael Hylton, said that case is scheduled to be before the Full Court on the 13th, 14th and the 15th of December. 

 

"The fact that the Prime Minister called for a state of emergency and the matters are before the court, there is no ruling as it relates to the constitutionality of the implementation of the state of emergency, so he is within his right to call a state of emergency. The question is whether or not it is the proper thing to do, or whether or not it is constitutional or unconstitutional, and that is yet to be determined by any court of law," he asserted.  

 

The Supreme Court last year ruled that the detention of five men under the states of emergency was unlawful and unconstitutional.

 

Everton Douglas had been detained for 177 days, Nicholas Heath for 361, Courtney Hall for 395 days, Courtney Thompson was in custody for 365 days and Gavin Noble for 431 days.

 

Justice Bertram Morrison, who handed down the ruling, said the detention times were remarkable given that none of the men had been charged with any offence.

 

But the government has insisted that ruling does not prevent it from declaring states of emergency.

 

Still, Mr. Hemmings believes there is need for protocols regarding the detention of persons under the states of emergency. 

 

"Presently, the Barnett Street police station is used as a quarantine site for detainees, so they are kept at Barnett Street for a period of 14 days. Thereafter, they are transferred to the Montego Bay police station. The question is, where will persons be detained once they are held by the police under the state of emergency? Will they be kept at Barnett Street as well and then transferred to the Montego Bay police station? Do we have adequate facilities to deal with that? Are they going to be placed under makeshift tent or shed at the Freeport police station like what was done previously? What is going to happen?" he questioned.