Lawyer Kay Bacchus-Baptiste said the government’s decision to appeal a court order handed down by Judge Esco Henry on Monday, 13, signals the fact that the St. Vincent government does not respect the court, except when the court rules in their favor.
Bacchus-Baptiste said If the government does not enforce the judgment, they are acting in contempt of court.
Last Monday, Henry said that the St. Vincent government’s COVID-19 vaccination requirement and the terminations that followed were against the constitution and did not stand.
“No one is saying that the government does not have a right to appeal; what we are saying is that in this case where there is such a decisive victory, to use the people’s money to appeal against their victory, to my mind, is immoral and should not be done.”
“The question is, how could applying for a stay of execution assist them in this matter?” What people need to understand very clearly is the law as regards “when you get a judgment and when you get a stay of execution.”
Bacchus-Baptiste said the first cardinal principle of the law is that a litigant who wins must get the fruits of their labor.
“The law is that a party who wins a judgment must get the fruits of their labor; it means that all the claimants in this action against the government ought to be immediately re-employed or reinstated with all their benefits and get the damages that the court said that they should get; that is the law.”
“This nonsense talk about the attorney general or other persons having to be informed of the judgment and the attorney general needing to know whether the appeal has been filed and the stay of execution is ridiculous talk. The law is that until you apply and get a stay of execution, you must apply the law according to the judgment”.
How is a stay of execution granted?
Bacchus-Baptiste said the law on that is also very clear, and not only must you first show a reasonable prospect of success but also that the appeal would have some merit.
“I don’t know how the government can say whether the appeal has merit without first examining the judgment, but that to me is a lesser point than the other two points. In order to get a stay of execution, you must satisfy the court. One that, if you don’t get a stay of execution, your appeal would be rendered nugatory, meaning that there’s no sense appealing. (2), that without a stay of execution, the government would be ruined; that the situation would be so bad that it would ruin them. Those two limbs I’m telling you this government cannot prove”.
Bacchus-Baptiste said the government is saying their reason for appealing is that if there is another pandemic in the future, they want to know what they did was right.
“Now, how could a stay of execution damage that? They would still have that issue whether the execution is stayed or not, so they should not be granted a stay on that ground. Secondly, there is the question of whether or not they would be ruined. You’re telling me that the government claims that rehiring teachers will ruin them. They cannot say that; it is the people’s money that they’re using to pay them and the people’s money to appeal. I am saying that they cannot, even if they go on the first day of execution, and should not, based upon the law, get a stay of execution in this case because they will not be able to pass the threshold”.
Bacchus-Baptiste said every day that passes where the government does not re-employ these public servants, sending them on the runaround, the government would be in contempt of court.
“If they do not enforce the judgment, they are acting in contempt of court. Now, if you are in contempt of court, how are you going to come to court and say, “Well, give me a stay of execution in this matter?” The law says if you are in contempt, you have to purge your contempt before you can ask the court to do anything. So to me, what they’re doing is putting a noose around their neck by refusing to employ the teachers or giving them the runaround; they are repeating the contempt every day and making it even more difficult to overcome the hurdles that they must overcome in order to get a stay of execution”.
Bacchus-Baptiste said a contempt action can be brought against the person in charge. The Attorney General, the Commissioner of Police, and others.
