Justice Gino Persaud will now have to set a new date to hear arguments regarding the Attorney General’s application to the Court for the President to be removed as a party in the proceedings.
The matter was expected to be heard today, but the Judge was forced to delay the start of the arguments following a request from the Attorney General’s Chambers which explained that because of a medical emergency, Attorney General Anil Nandlall would not be able to make his oral submissions in the proceedings.
At the core of Mr. Nandlall’s application to the Court is the argument that the Police Service Commission’s inclusion of the President in its case is irrational and illegal since the President is immune to Prosecution and decisions that he makes while occupying the Office of President are not subject to Court challenges.
The Attorney General wants the Court to declare that the inclusion of President Ali in the proceedings is contrary to and in contravention of Article 182 (1) of the Constitution.
Lawyers for the Police Service Commission have maintained that the President is a proper party to the proceedings.
The PSC wants the Court to declare the President’s suspension of the PSC as illegal and also wants the Court to give effect to the promotions which it announced recently.