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Former Turks and Caicos premier asks court to block suspension of constitution

Posted by CaribShout on July 18, 2009 at 1:20pm

Outgoing Turks and Caicos Premier, Michael Misick LONDON, England: Former Turks and Caicos Premier Michael Misick has moved to the High Court in London seeking an order to prevent the British government from suspending the Constitution of the TCI. He is challenging the legality of TCI Constitution (Interim Amendment) Order 2009 purportedly made pursuant to the West Indies Act 1962 on 18 March 2009 and laid before the British Parliament on 25 March 2009. Misick, through his English lawyer, Edward Fitzgerald QC, submitted a 48-page skeleton argument on Wednesday claiming that, while the UK has responsibilities towards the Turks and Caicos Islands, including assisting in promoting good governance, this does not justify and nor do the current circumstances justify the suspension and removal of representative government. Fitzgerald is contending on behalf of Misick that, having been duly elected it is not for the executive, using the powers of the West Indies Act, to remove him (Misick) and other elected members of parliament from post without compelling grounds. He submitted that to remove Misick from Parliament and deprive his constituents of the candidate whom they had chosen freely and democratically to represent them for a further three years in Parliament requires a ground of "pressing significance to the democratic order" in order to justify such an act. Any move to do so, the Queen's Counsel submitted, is now clearly extremely premature. Any decision to remove members of the duly elected representative should only be taken following full consultation and close scrutiny of any final findings and recommendations made by Sir Robin Auld and this has not happened. In particular, the interim finding of the Commission of Inquiry that Cabinet was divided and unstable and that there was widespread fear amongst the people of the territory that they are leaderless is not justified on the facts. Fitzgerald further argued that, in any event, no opportunity has been afforded to those concerned to respond to the allegations. These findings have never been put to any of the members of the Cabinet and are strenuously contested. A host of legal authorities have been cited in the Skeleton Argument submitted on Wednesday and for the reasons outlined, Misick claims that the TCI Constitution (Interim Amendment) Order 2009 is ultra vires the defendant, the Secretary of State for Foreign and Commonwealth Affairs, under the West Indies Act 1962 and should be quashed. (By Oscar Ramjeet, Caribbean Net News Special Correspondent )

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