Grand Court judge Richard Williams has granted permission for Colours Caribbean to join a judicial review, as an intervening party, into Governor Martyn Roper’s use of his emergency powers to enact same sex legislation in Cayman.
The judicial review set for December, has been brought by Kattina Anglin who claims that by enacting the failed Civil Partnership legislation, Governor Roper behaved irrationally, illegally and outside the scope of powers conferred upon him by the Constitution.
Initially, Anglin and her legal team objected to the request, but later changed their position. However they maintained their objections to Colours Caribbean being allowed to give evidence.
“The intervener has not demonstrated that they are capable of limiting their submissions to the scope of the narrow legal point, which is whether the powers granted to the Governor didn’t authorise the legislation,” said Hugh Southey, representing Anglin.
In William’s judgment which was handed down on 28 October, he ruled that while he accepts there was ‘some force’ to Anglin’s legal team’s submissions, he believed it would be more appropriate to first hear the submissions of Colours Caribbean before deciding what weight to attach to it.
Williams wrote, “…I recognise the force in the contention of the Defendant and Proposed Intervener that it would not be proper to reach a decision on the issue at this stage, and that the better time to decide is at the substantive hearing.”
The judgment goes on to say, “It is desirous to have the case prepared to enable that full argument to take place, rather than any restrictions being placed on Colours Caribbean today which could prevent it being properly canvassed by the parties at the substantive hearing if the Court then felt it needed the parties to do that.”
In his judgment Williams also said*, “I am satisfied that they do have the expertise which will be of assistance to the Court.
“Colours Caribbean, likely more than any other group in the Cayman Islands, is aware of the potential consequences for those whose interests and rights it seeks to represent and protect.
“Colours Caribbean has also played an active role in the development of relevant legislation by its contributions at the consultative stages.”
*EDITOR’S NOTE: This article previously attributed the highlighted quote to Billie Bryan, the founder and president of Colours Caribbean. That was incorrect, the statement was made by Justice Richard Williams in his judgment.
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