| Former Premier Gets Full Hearing in English Court | | Print | |
| Written by Administrator | |||
 The former Premier, The Hon. Michael E. Misick MP has won a reprieve in the British High Court, with the effect that his case was thought too important to be dealt with by a "short panel" and will now be re-argued before a full panel of Judges. This ruling was made public June 10th 2009. Misick is seeking to injunct or prevent suspension of the TCI 2006 constitution or any part thereof; relying on Britain's undertaking upon ascension to the European Union (EU), that in all circumstances, Britain would retain, maintain and support democratic institutions in the Overseas Territories.
The Premier's contention seems twofold: 1. That by threatening suspension of parts of the TCI constitution and removing the Right of Trial by Jury, not only is the many being punished for the alleged wrong doings of the few, but that is in breach of the UK's undertaking with the EU. 2. That removing Parliament is an even greater breach of that same undertaking. Misick’s argument before the courts is not that the British lack the power to suspend the Constitution under The West Indies Act 1962. Rather it is that in the exercise of that power, Britain has an obligation to act subject to international law; particularly where the people’s rights are concerned. This ruling overturned the ruling of a lower divisional court, which ruled that Britain’s obligations under international law are not part of the domestic law of TCI and so did not matter. What the extension means is that whilst the High Court does not necessarily agree or disagree with the former Premier’s arguments, instead it ruled that the lower court should have looked at Britain’s obligations in International Law as it does or may matter, and that did not depend on whether Turks and Caicos was party to those international rules itself. So for instance, the UK took an obligation in joining the European Union that it would maintain democratic institutions and fundamental rights in the territories. It did the same in its ascension to the United Nations and it’s signing of the Universal Declaration of Human Rights. None of these international obligations are written into the law of Turks and Caicos. The High Court is saying, that does not matter, we want to hear fully what the lawyers have to say about how those international rules may affect Britain’s ability to suspend the constitution or parts thereof. The fp will not speculate on the outcome either way. However, the case does raise a timing issue concerning whether the UK could suspend with the case before the courts. If not, the matter can drag on to next year 2009, raising further questions about the limbo in which TCI could find itself, in the midst of an economic downturn, together with the drumbeat of negative news stories in the international media, wreaking a steady havoc on its brand.
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