The Tribune

ALTHOUGH they have abandoned their appeal to challenge Chief Justice Sir Michael Barnett’s refusal to grant an injunction in their case - web shop operators have learned many “laudable ideals, virtues and actions” throughout their legal battle.

In a statement that was issued after they were ordered by Court of Appeal judges to pay the Crown $2,500 for withdrawing their appeal, Wayne Munroe, who represents Island Game, Island Luck, FML, Asue Draw, Whattfall and Chances said the litigation had ultimately given people the courage to “take on city hall.”

He said: “The courts of this country are open and available to all whom would wish to access them to seek the protection of their rights. That, given the diligent efforts of counsel involved in the litigation, the court will make themselves available on a timely basis given all of the prevailing circumstances.”

The attorney additionally noted that “the judiciary and executive have both exercised powers in their appropriate area with due deference to each other in this litigation and the dispute surrounding it.”

The Commissioner of Police, the statement added, had demonstrated true independence as envisaged by the constitutional framers 40 years ago through their actions.

After 40 years of independence, citizens of this country have demonstrated that they will seek the vindication of their rights against all and sundry, he said. “In short, we as a people now have the courage to take on City Hall”.

The substantive hearing before the Court of Appeal, which has yet to be set, stemmed from the outcome of the January 28 referendum held for the public to decide whether web shops should be legalised and taxed or whether a national lottery should be established.

Both propositions were rejected by the electorate.

Numbers bosses took legal action on January 30 in the Supreme Court. In response to their application, 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 the webshops.

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

That application was heard on April 2 before Chief Justice Sir Michael Barnett and a week later, the judge lifted the conservatory order and dismissed their application for interlocutory injunction, ruling that “the police must be allowed to enforce the law unless and until the law has been declared to be invalid.”

Paradise Games, represented by Alfred Sears, also withdrew their appeal to focus on a substantive case.

They too must pay the Crown $2,500 in costs.