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PORT of Spain North/St Ann's West MP Stuart Young said the Appeal Court in its recent ruling had only criticised the lateness of the publication of the criteria for re-entry of individuals to TT during the covid19 lockdown. He said the justices had otherwise acknowledged the great challenge the former government had faced in trying to safeguard the population's health during the pandemic. He was addressing a briefing at the Port of Spain office of Opposition Leader Pennelope Beckles on October 1.
On September 22, Justices of Appeal Nolan Bereaux, Mark Mohammed and Ronnie Boodoosingh said the lockdown was draconian and breached the rights of two female litigants – Raehana Lorick and Joanne Pantin – disallowed re-entry, causing them financial and emotional strain.
The court said a lack of transparency on criteria for the re-entry potentially gave rise to arbitrariness and unfair treatment.
Young said many people have forgotten the trying times of having to manage covid. No country had a precedent, and all were learning, he said.
Young said the court had given "a very narrow ruling" that it was unconstitutional for the government not to publish any criteria for deciding if to let a person back in to TT.
Urging people to read the judgment, he said Bereaux had ruled that the then government did in fact have the power to limit entry to TT.
Young recalled the circumstances TT had been under. He noted 5,700 applicants to re-enter TT, coupled with limited quarantine facilities and health facilities.
"We were trying to save a population," Young said.
He said Bereaux said the issue was not a travel ban but how exemptions to the ban on re-entry had been managed.
Young noted that the non-disclosure of criteria had lasted only a short time, from March to July of that year.
He noted Bereaux said at that time the government had been in a very difficult situation where it was mandated to protect the population's health and safety.
Young cited the judge saying the government was required to make a hard decision.
In hindsight, it was now easy to apportion blame, Young said.
He said Boodoosingh had used similar language.
Young thanked TT's public health officials working in the pandemic, noting accolades to them from World Health Organisation (WHO) head Tedros Ghebreyesus.
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