A lawyer for the government has confirmed that they have re-filed an application asking the court to throw out the opposition’s election petitions as improperly before the court.
Richard Williams told iWitness News on Tuesday that a notice of motion was lodged with the court on April 14.
The new application came 10 days the High Court ruled a similar application as “premature”.
The opposition New Democratic Party (NDP) has filed petitions asking the declare them winners of the Central Leeward and North Windward constituencies in the 2015 general elections, declare them winners of the seats or order fresh elections in those districts.
High Court judge, Justice Brian Cottle on April 4 ruled as “premature” but said that having heard all the arguments, the government is bound to succeed if the motion was brought at the beginning of the hearing of the actual petitions.
Leader of the Opposition and President of the NDP, Arnhim Eustace, said on his radio programme on Monday that the government has refilled an application asking the court to throw out the petitions.
Unlike the first application, which was heard in chambers, the new motion would be heard in open court
“Those of you who can come into the court to see it, come and see it and be there. I don’t know what steps may be put in the way to stop that, but I can confirm that they have reapplied to throw out the petitions again,” he told listeners to his programme.
Meanwhile, Williams told iWitness News that in his first ruling, the judge had said the government’s applications were filed prematurely.
He, however, noted the jurist’s comments regarding the likelihood of the government’s arguments succeeding should they be re-flied at the beginning of the hearing of the petitions.
“So we are just re-fling the same thing, but just in a different format,” Williams told witness News.
He said that he thinks the government has a good case.
The lawyer while the motion is set to be heard on Thursday but the parties involved are in discussions to come to an agreement to have all matters related to the case heard on a subsequent date.