Telecommunications company, Caricel, is back in court.
It’s seeking permission to appeal the ruling of Supreme Court judge, Justice Leighton Pusey, to deny the company leave to seek judicial review, as it sought to protect its controversial spectrum licence.
The application for permission to appeal was filed yesterday.
Justice Pusey had reasoned that the Court would find it difficult to halt an investigation being conducted by regulators which could result in the revocation of its spectrum license.
Nationwide News spoke this afternoon with Caricel’s lawyer, Douglas Leys, who confirmed an application for leave to appeal Justice Pusey’s ruling has been filed.
Mr. Leys says the application will be heard on February 13.
Mr. Leys says Caricel believes Justice Pusey was wrong in denying it leave to seek judicial review.
Subsequent to Justice Pusey’s ruling, one of Caricel’s lawyers and Company Secretary, Minette Lawrence, expressed relief that the High Court judge said he was not of the view that the company was a threat to national security ‘at this time’.
Because of that, she said though their application for judicial review was rejected, it was still a win for the company.
This, as it felt the government was taking what she described as ‘pre-emptive’ steps to revoke the license it was granted in September, last year.
In December 2015, the Spectrum Management Authority and the Office of Utilities Regulation had written to Caricel.
They informed the company that they’d be investigating claims that issues involving it constitute a national security threat to the government and one of its security partners.
Caricel was also advised the assertions could warrant the suspension or revocation of the spectrum license it was granted in September 2015.
The Andrew-Holness led administration signed off on the license despite a recommendation from Contractor General, Dirk Harrison, that it not be approved.
This has turned out to be a matter of controversy with Contractor General Harrison, the Opposition PNP and the US government raising questions.