Trinidad and Tobago Senior Counsel John Jeremie, who is representing government supporter, Eslyn David, has failed to provide the Caribbean Court of Justice (CCJ), with any precedent in which the validity of an election was determined before a President was elected.
During his submissions to the CCJ this morning, Senior Counsel Jeremie was specifically asked by the court’s president, Justice Adrian Saunders to furnish the court with any principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Justice Saunders asked Senior Counsel Jeremie: “Have you been able to cite any case where a question as to the validity of the election of some governmental official was heard and determined by the Courts, before the official was elected?”
Senior Counsel Jeremie responded: “My Lord [Justice Saunders] I have not been able find such a case.”
Justice Saunders then told Senior Counsel Jeremie that if his arguments prevail, then it would be unprecedented.
The CCJ’s President told the Senior Counsel, “It would be the first time in the Commonwealth so far as your researches have gone where the question as to the validity of an election of some governmental official was heard and determined by the Courts before the official was actually elected.”
Senior Counsel Jeremie responded: “Yes, My Lord.”