Lawyers tussle over precedent in parliament secretaries case

The issue of whether the ruling in the case of Desmond Morian v. Attorney General constitutes binding precedent, by which the appointments of Vikash Ramkissoon and Sarah Browne as Parliamentary Secretaries were nullified, was what consumed the attention of the Court of Appeal when the matter was called yesterday morning.

It is a preliminary issue confronting the appellate court, which calls into question whether or not it can stand by its previous ruling affirming that decision, which could have implications for the current matter.

The resolute position of Senior Counsel Douglas Mendes on behalf of Attorney General Anil Nandlall SC who represents Ramkissoon and Browne—the Appellants—has been and continues to be that the Morian case is not precedent for the issue to be decided regarding his clients.