Lawyers for both sides completed their presentations to High Court judge, Justice John Benjamin, on Monday 18th February, 2013, with the claimants seeking to prove that the actions taken by the Government to appoint the Attorney General, Mr. Jason Hamilton, as a senator in the National Assembly, on 29th January, 2013, were unconstitutional.
Leader of the People’s Action Movement, PAM, Mr. Shawn Richards, and Mr. Sam Condor, the former Deputy Prime Minister, took their Constitutional Motion to the courts, in objection to the manner in which Hamilton was installed as a member in the Assembly.
Richards and Condor were also of the view, and as such was argued by their lawyers, that given that the appointment of the Attorney General as a senator was unconstitutional, his vote on the controversial Increase in Senators Bill on 29th January, should not have been counted, thus the Bill should not have been passed by the Assembly.
The lawyers for the government however are not in agreement, and in their submissions they argued that the necessary legislation was put in place almost 13 years ago, to allow the appointment of a non-elected senator, as a Minister of Government, and as such Mr. Hamilton had the necessary rights as a parliamentarian to vote on the Increase in Senators Bill.
Justice Benjamin has allowed both sides to present any additional documents they deem necessary, no later than Wednesday, after which he will be preparing to make his decision on the case.