The Supreme Court on October 4th threw out a request by lobby group Jamaicans for Justice (JFJ) and the Marcus Garvey Political Party to join as an interested parties in the suit brought by gay rights activist Javed Jaghai.
Jaghai in his suit is challenging the buggery law.
The political party said it was representing Rastafarians.
In turning down the application, Supreme Court Judge Lennox Campbell said the applicants did not show that they had sufficient interest in the subject matter.
However, woman's group, Caribbean Dawn, was allowed to join to support Jaghai on the basis that it had relatives who were homosexuals.
Attorneys-at-law Michael Lorne and Susan Dodd, who represented the Marcus Garvey Political Party, said the party was applying to join the other interested parties in the case as it wanted to oppose Jaghai's claim.
Dodd said the judge, in dismissing the application, said the party did not show that it represented the people of Jamaica.
She said although she tried to convince the judge that the party represented the Rastafarian people and the organisation was an African Party, the judge refused the application.
JFJ wanted to join the proceedings to support Jaghai.
Jaghai, who is being represented by attorney-at-law Maurice Tomlinson, a gay rights activist, wants the court to determine if the anti-sodomy law breaches rights guaranteed under the Charter of Fundamental Rights and Freedoms which he contends guarantees the right to privacy.
Today, Solicitor General Nicole Foster Pusey and attorney-law Carlene Larmond, who represents the Attorney General, applied to strike out sections of Jaghai's statement.
The Attorney General is the defendant in the case.
The lawyers claimed that some of his evidence was based on opinions and not of his knowledge.
Justice Campbell is to rule on the Attorney General's application next week Tuesday.
Several Christian denominations and advocacy group including the Jamaica Coalition for a Healthy Society and Hear the Children’s Cry have been given permission to join the case as interested parties.
More details were provided as follows, the trial is to run for ten days November 10 - 21, 2014
In the 3rd case management conference for the case of Javed Jaghai et. al. v Attorney General 2013 HCV 00650 held today, the court made the following orders:
1. Affidavit of J-FLAG to be filed and served by 29 Nov 2013
The AG is preparing the order for the strike out.
The judged refused the strike out application in whole but said that unless the claimant can provide notification of attendance at trial by DEC.9 the paragraphs in his affidavit (para. 18) with mention of reports would be struck out.
The claimant has to provide a notice of attendance for the following persons who prepared reports on the situation for Jamaican LGBT individuals:
1. Human Rights Watch
2. Inter-American Commission on Human Rights (IACHR)
3. J-FLAG STATISTICS
4. SHADOW REPORT for the UN Universal Periodic Review
5. TIMES AND ECONOMIST Magazines