Anglin seeks judicial review of governor’s emergency powers use

Kattina Anglin has appealed the ruling,

Kattina Anglin has been granted legal aid as she seeks a judicial review of Governor Martyn Roper’s decision to assent to the Civil Partnership Law, calling the move an unlawful and irrational use of his emergency powers.

Governor Roper on 4 Sept. used his emergency powers outlined in Section 81 of the Cayman Islands Constitution Order to assent to the bill along with 11 amendments to other laws.

In a statement issued by the Christian Association for Civics, Anglin claimed Roper’s actions were disrespectful to the will of legislators, who voted against it.

“My Constitution was being butchered, the majority of my people’s concerns were rejected, and my legislators were being disrespected,” said Anglin, who serves as the public relations officer for the CAC.

Anglin said she was left with no choice but to file for a judicial review of Roper’s use of his emergency powers.

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“The majority of people are unaware of the dangerous precedent that is being set with the Governor taking action in this way, although the government and its leadership make no mention of it,” said Anglin. “I had no choice but to intervene in what I saw as a blatant violation of the rule of law.”

Anglin cites three grounds for judicial review, the first being that Roper’s actions were unlawful because they went beyond the scope of his responsibilities granted by Section 81 of the constitution.

The second alleges unlawfulness and claims that by using section 81 to remedy incompatibility with the Constitution, Roper acted unlawfully because the remedying of incompatibility is a power reserved for the legislature.

The third ground claims it was irrational for the governor to have acted when the Court of Appeal’s judgement is subject to a pending appeal before the Privy Council.

Same-sex couple Chantelle Day and her partner, Vickie Bodden Bush, are due to appear before the Privy council in February of 2021 to contest the ruling of the Court of Appeal, which quashed the Grand Court’s ruling that legalised same-sex marriage.

Anglin’s attorney, James Kennedy of KSG Attorneys at Law, is quoted as saying the judicial review has merit because “the overreach and interference of the Governor in the legislative processes of the Cayman Islands, rather than the issue of gay rights per se, is one with very significant public interest considerations and potential ramifications for the Cayman Islands in many spheres of public life.”

5 COMMENTS

  1. Curiously, Ms. Anglin claims to be representing an organization or group of people but uses solely first person language when presenting the cause for this judicial appeal. It’s fine if she’s representing herself and her own views but perhaps she could just say so.

  2. I’m confused, why has Legal Aid been granted? Doesn’t Legal Aid funds come from The Government?
    Surely if The Christian Association for Civics
    wishes to pursue a case it should fund itself and not get money from The Government Funds.

  3. If she is against a civil partnership, surely she’s against woman having any rights and therefore her opinion is null and void. Good to see Caymanians are able to take from the UK (imagine the premier and John John dealing with the pandemic on their own) but as soon as anything normal and fair is expected it’s a cluster. I don’t know what’s worse the greed, bigotry, ignorance or stupidity….

  4. Seems to be a personnel agenda for Ms. Anglin. Is there a list of names we can look at. I see more thumbs up than down on Ms. Anglin challenge. I cannot believe legal aid is provided. This a personnel vendetta against human beings, not animals or gapril people