Court throws out government's appeal against SOE

The Court of Appeal today threw out the government's appeal against a Supreme Court ruling that the detention of five men under the State of Emergency (SOE) was unconstitutional.

Justice Bertram Morrison had made the ruling and the government appealed.

Today, the appellate court upheld Morrison's ruling, which was handed down in July 2020 and ordered the government to pay the men's legal costs.

The detainees were Everton Douglas, Courtney Hall, Nicholas Heat, Courtney Thompson, and Gavin Noble.

The men were held under SOE in Kingston Eastern, St Andrew South, Westmoreland and Clarendon respectively.

Some of them were in custody for more than a year without being charged.

A writ of habeas corpus challenging their detention was filed by attorneys-at-law John Clarke, Isat Buchanan, and Seheeka Lews, who argued their case.

Morrison heard the matter and declared that the Emergency Powers Act, the regulations, and detention orders were unconstitutional.

The Court of Appeal has given written reasons for dismissing the government's appeal.

Reacting to the decision, Buchanan described today's ruling as a vindication for Justice Morrison.

"The continued use of the state of emergency as a crime-fighting tool ought not to be an option," Buchanan said.

- Barbara Gayle

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