The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE INJUNCTION preventing law enforcement officers taking action against web shop gaming operators still stands after the government’s application to have the injunction lifted was delayed by three weeks.

In yesterday’s proceedings before Chief Justice Sir Michael Barnett which saw no legal appearances present for Island Luck, Island Game, FML Group of Companies, Asue Draw, Whatfall and Chances, Alfred Sears and Jeffery Lloyd, who represent Paradise Games, claimed the Crown had presented their office a 93-page document inclusive of exhibits on Friday, March 8 minutes before 5pm.


Mr Sears said that as a result, he hadn’t been able to take instructions from his client and prepare and submit the requisite documents in response to the affidavit prior to the proceedings.


Crown attorney Lauren Klein argued that the affidavit was merely a document with reference to particulars of the conservatory order made six weeks ago.
He said that the respondents should’ve been prepared to proceed and the Crown’s hand should not be tied by the order.


The legal battle ensued just days after the January 28 referendum, which sought to legalise and tax web shop gambling and a national lottery, was rejected by the electorate.
The following day, on January 29, Prime Minister Perry Christie ordered that all web shops cease their operations.

He had said in the lead up to referendum day that his administration would follow the law after voters had their say.
However, the numbers bosses took legal action on January 30 in the Supreme Court.


They made an application and Senior Justice Jon Isaacs granted an injunction that prevented the government and the police from taking any action against the patrons and operators of web shops pending the outcome of a conservatory order that was filed by attorneys representing said webshops.


At the beginning of the month, Attorney General Allyson Maynard-Gibson confirmed the government’s plans to file an application on March 13 to lift the injunction.


Yesterday Crown attorneys Mr Klein, Darren Henfield, Darcell Williamson and Melissa Wright-Knowles came to do that.


However, Mr Sears argued that their late servicing of the affidavit was not sufficient time to take instructions and submit a summons documents accordingly.
While acknowledging both submissions made by the Crown and attorneys representing Paradise Games, the chief justice expressed concern about the absence of legal representatives for the other web shop operators involved in the injunction.


“Why aren’t they here today?” Chief Justice Sir Michael asked Mr Sears.


Mr Sears said he received an email from attorney Wayne Munroe explaining his absence.
Mr Klein said he received a similar email some minutes prior to the proceedings.


In the email sent by Mr Munroe to Mr Sears it says that his office received an affidavit from the Crown minutes to 5pm on March 8.


Mr Munroe said the document was so extensive he would need more time to look at what was being put forward, receive instructions from his clients, and respond accordingly.


The Chief Justice granted the extension and deferred the application’s hearing to April 2.
He ordered that responding affidavits had to be filed a week before that date.