Appeal Court rejects AG’s argument

In a unanimous judgment, Justices of Appeal Gregory Smith, Charmaine Pemberton and Andre des Vinges said the appeal could not be described as “unarguable” and dismissed submissions from Deborah Peake, SC, that the appeal was, “frivolous and vexatious and without any merit.” Two Mondays ago, Maharaj approached the High Court with an emergency injunction which sought to prohibit the JLSC from giving any advice on appointments of new judicial officers.

Maharaj challenged the constitutionality of the JLSC’s composition, on the basis that the Constitution does not permit more than one retired judge to sit in the commission.

The following day, Justices of Appeal Allan Mendonca, Nolan Bereaux and Peter Rajkumar said they were satisfied the JLSC was properly constituted and the swearing in could proceed.

Maharaj indicated then that he would petition the Privy Council and said he was confident of victory at the final appellate court.

Yesterday, the Court accepted the submissions from Anand Ramlogan, SC, that the claim was one of immense constitutional and public importance and that the issues raised were both meritorious and arguable.

Maharaj said he intends to ask the Privy Council for an expedited hearing of his appeal.