23 lawyers participating in suit against govt over emergency orders
NASSAU, BAHAMAS – Attorney Wayne Munroe said yesterday that some 23 attorneys across firms and political parties are participating in a class-action suit against the government over the state of emergency and emergency orders.
On August 12th, Munroe’s firm filed a writ on behalf of 21 people – some of whom are business owners impacted by the orders and others who were charged and convicted for breaking the orders – submitting that the orders are unconstitutional.
An updated writ was filed on August 17th, in order to substitute two parties and add an additional party.
In addition to the other declarations being sought in the suit, the new writ is also seeking declarations that the Emergency (COVID 19) Regulations 2020 and the Emergency (COVID 19 Pandemic) Regulations 2020 are inconsistent with Article 29 of the constitution and therefore void.
Prime Minister Dr. Hubert Minnis, in his capacity as the competent authority, and Attorney General Carl Bethel, have been named as the defendants.
The named plaintiffs in the matter include: Charles Johnson; Dave Nixon; Rashanda Miller; Peter Allen Rolle; Javon Javille Rolle; Shivago Davis; Kevano Hutchinson; Ramone Deangelo Rolle; Deon Rolle; Fabian Davis; Meia Charlton; Anthony Anderson Rolle; Timel Wilson; Kishna Bodie-Williams; Nebat Brent-Williams; Ricardo Williams; Giovanni Sawyer; Eldon Kelley; Sandra Ferguson; Henry Rolle and Jenson Brown, Cardinel Scott.
“We are now working on the application to make it a class-action suit or a representative action, and that’s the next step, while at the same point we work on this statement of claim,” Munroe told Eyewitness News.
He explained that the representative order can represent anyone who may have been injured by the government’s orders, or have had their rights in infringed.
“In fact, some people are saying they are not interested in participating, so I am minded to ask the court for an order that we represent everyone other than the persons who notify us that they dont wish to be included,” Munroe said.
“You may have no problems with the government taking away a particular right.”
The veteran lawyer noted that there have been at least two people thus far who have communicated with him directly who want to be excluded from the class.
“I believe in fairness to persons,” he added. “We should give them the opportunity to be excluded from the class.”
Munroe has previously said that there are a number of talented lawyers participating in the suit against the government over the state of emergency and emergency orders.
He said at the moment there are 23 attorneys across firms and political parties throughout the Bahamas.
“One of the lawyers I saw, at the last general election is representing the person I ran against for the FNM.
“So this does not party political, this is across law firms, across political parties.
“The prime minister and his advisors ought to stop and contemplate that and then look at what we are saying and they might find that it has some merit.”
The governor-general declared a state of emergency on March 17, just two days after the country experienced its first case.
The Bahamas is currently on a 10pm to 5am curfew, under special storm preparation orders.
This comes amidst the government’s attempt to reimplement stringent measures to curb the significant increase in cases during the second surge.
Cases began to surge days after the country reopened its borders to international travel on July 1.
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