Opposition Leader, Dr. Peter Phillips, says a Supreme Court Judge’s ruling declaring unconstitutional the detention of five men under the States of Public Emergency will have far-reaching implications for the future of the enhanced security measure.
In a statement today, Dr. Phillips says the ruling is of great constitutional significance.
Dr. Phillips says the judgement handed down by Justice Bertram Morrison represents a new phase in the maturing of Jamaica’s democracy and highlights the value of the principle of separation of powers.
He says the PNP awaits the written judgement to analyse the reasons provide by Justice Morrison.
The ruling handed down last evening called for the release of the five men held at different times under the States of Public Emergency to be released by Monday.
The case was argued by Attorneys John Clarke and Isat Buchanan.
Dr. Phillips noted that Justice Morrison, in his oral judgement, stated that a man’s freedom could not be arbitrarily taken away without a final determination by the court.
The Opposition Leader says the Supreme Court Judge declared that the Emergency Powers Act, the Emergency Powers Regulation, and detention orders are in breach of the constitution.
Dr. Phillips says this was an issue raised several times in the House of Representatives, as the PNP urged a collaborative approach.
Now, he believes this ruling is likely to have far-reaching implications for the future of the SOEs.