THE Privy Council in London will be the final adjudicator in the case involving businessmen Steve Ferguson, Ameer Edoo and three companies who are challenging the repeal of Section 34 of the Administration of Justice (Indictable Proceedings) Act 2011.
The appeal was dismissed by the Appeal Court on Wednesday.
And the State will have its lawyers representing its interest when the matter is heard there, Prime Minister Kamla Persad-Bissessar said.
Speaking with reporters after attending a function in Chaguanas on Wednesday, Persad-Bissessar was asked to comment on the Court of Appeal’s judgment that day.
She said: “The Court of Appeal’s decision, the Section 34 matter, I believe it has vindicated our action. In fact, if we do remember the history of that particular Section 34, the amendment was made in the Senate.
“It was passed in the House then it went to the Senate. At some point in the night, an amendment was made without the knowledge and or consent of the Cabinet.”
Persad-Bissessar said when the Bill came back to the House of Representatives “the same thing happened because normally when such amendments are made, we respect the amendments made in the Senate and therefore it was approved. But immediately it was brought to my attention, I took steps to repeal it and that repealing has been upheld. The Section 34 is not valid as part of the law ...s o two courts have now ruled the section is constitutional, or the repealing of the section is constitutional, and that particular section is not a valid piece of law”.