Public Defender Attempts To Rejoin The Constitutional Buggery Law Challenge

The battle by the Office of the Public Defender to join a court case in which a gay rights activist is challenging Jamaica's anti-sodomy law is to be heard in the Court of Appeal this morning.

The panel of three judges will hear submissions from the lawyers for the Public Defender Arlene Harrison Henry.

Mrs Harrison Henry wants the Appeal Court to overturn a decision of a Supreme Court judge blocking her from joining as an interested party in the lawsuit brought by Maurice Tomlinson.

also see: Attorney General moves to strike out Public Defender appeal in Buggery Law case 

or READ: Public defender shut out of buggery law 

case (Gleaner) 

The Public Defender sought to join the case claiming her office was created for the purpose of protecting and enforcing the rights of all citizens.

That application was denied by the Supreme Court.

The Court said the Public Defender was attempting to insert herself in a nationally divisive issue and could lose the confidence of many Jamaicans if allowed to do so.

It also ruled that her neutrality would also make her contribution of little assistance.

Last month lawyers representing the Public Defender filed a motion appealing the decision.

The appeal dated the 13th of July says the learned judge acted unreasonably by denying the applicant’s request.

But the Attorney General is moving to have that appeal struck out.

Lawyers representing the AG’s Department filed a motion arguing that the rules of the Court of Appeal require an applicant to first seek permission in writing when filing an appeal.

They argue that since this was not done there’s no proper appeal before the court.

The AG is also arguing that the notice of appeal filed by the Public Defender on July 13 is not valid and should be struck out.

or 

Public Defender appeals block from Buggery Constitutional Challenge

Tomlinson had filed a constitutional motion against the Attorney General saying the buggery law amounts to a direct and blatant denial of equality before the law for him and other gay men.

In her application to join the case as an interested party, the Public Defender argued that her office was created for the purpose of protecting and enforcing the rights of citizens.

However, Justice Kissock Laing turned down the application stating that the Public Defender was seeking to insert herself into the centre of a nationally divisive issue and could lose the confidence of many Jamaicans if allowed to join the case.

Peace & tolerance

H

also see related court matters:

CCJ Reserves Judgement In Maurice Tomlinson Immigration Case .... 2015

Supreme Court throws out LGBT rights activist's case against 3 TV stations