Judgment reserved in group’s challenge to Jamaica's covid-19 restrictions

The Constitutional Court yesterday reserved its decision in the challenge brought by the religious organisation Freedom Come Ministries which took the Government to court over its handling of the covid-19 pandemic.

The group, of which Reverend Jeffrey Shuttleworth of the Tarrant Baptist Church is a director, is asking the court to declare that placing the restrictions of the pandemic under the Disaster Risk Management Act was unconstitutional.

It was outlined in court documents that rights to religious practice were breached as well as other constitutional rights.

Attorneys-at-law Hugh Wildman and Duke Foote who are representing the group have submitted that the government used the wrong mechanism to implement covid-19 laws.

The lawyers submitted that the laws governing the pandemic should have been implemented under the Public Health Act as was done in Trinidad or a state of emergency should have been declared under  section 20 of the Constitution.

The group is asking the court to declare the Disaster Risk Management Act of 2015 null and void and of no legal effect.

One of its contentions is that the Act prevented it from carrying out daily activities and it should be compensated by the Government. It stated further that it was not able to cater to the poor with food and other commodities because of the restrictions.

The Attorney General is the defendant and attorneys from the department have opposed the declarations being sought.

- Barbara Gayle

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