Several people and entities will now be heading to trial following the London based Privy Council’s ruling in favor of the state in the Section 34 appeal brought by Steve Ferguson, Ameer Edoo & Maritime Life (Caribbean) Limited.
Section 34, which was proclaimed on August 31, 2012, had allowed individuals who were charged with particular offences to have the cases dismissed if the trial did not start after ten years after the charges were laid.
The Section required the accused to apply to the High Court to have the matters dismissed. With that, more than 40 applicants petitioned the Court. However, before the applications were considered by the High Court, Parliament repealed the section of law on September 12, 2012.
Ferguson, Edoo and the companies had challenged the repeal by filing constitutional motions.
However, High Court judge Mira Dean-Armorer ruled against the applicants by dismissing all eight grounds argued in the lawsuits.
In the Court of Appeal, that court upheld the ruling of Justice Dean-Armorer and dismissed the appeals.
The application then petitioned to Privy Council, and the case was argued in London last August with judgement delivered today.