According to Benson Straker’s interpretation of the COVID-19 regulations, he did not need an exemption to operate Benson’s Minimart early this year.
Straker gave the evidence before the High Court today as four lawsuits against Government in relation to its COVID-19 directives got underway before Madam Justice Jaqueline Cornelius.
The judge began hearing evidence in the cases of Opposition Senator Caswell Franklyn; shopkeeper Adrian Kellman and Straker.
Franklyn is challenging the manner in which the Emergency Management legislation, crafted by Government to help to control the spread of COVID-19 on the island, was imposed. He charged that Government is illegally enforcing directives that have not had Parliament’s approval.
Kellman’s court action stems from the COVID-19 Monitoring Unit’s closure of his shop, the popular Kermit’s Bar, located at Thornbury Hill, Christ Church while Straker is suing Attorney General Dale Marshall and Commissioner of Police Tyrone Griffith alleging they acted unlawfully and beyond their legal power of authority in enforcing the amendment of the Emergency Management (Amendment) Act, the law governing the directives.
Straker’s case has two applicants – Benson’s Minimart against the Attorney General and the Commissioner of Police while the other is Ricky Straker against the Attorney General.
When today’s matters were called all of which are being doing simultaneously by Justice Cornelius the claimants represented by attorney Neil Marshall in association with Hal Gollop Q.C., stood by the affidavits filed in court by their clients.
The respondents who are represented by attorneys Leslie Haynes Q.C.; Gregory Nicholls and Rashawn Wood did not cross examine Franklyn or Kellman on their affidavits leaving only Straker to take the stand.
Straker in his affidavit stated that on February 3 he opened for business at 8 a.m. but about 9 a.m. he was visited by police officers and ordered to close until February 17.
In his cross examination Haynes queried whether Straker had an exemption under the COVID-19 regulations to open that day.
“I would say yes, I think I had a right to open . . . . My understanding [if it is] a supermarket operating under the role of a shop like all the others . . . . As far as I was concerned yes I did . . . ,” Straker replied.
Questioned further on whether he had produce that exemption to the Court Straker added, “I didn’t see a reason or right to. My interpretation was that I was operating like Super Centre, Carlton, PriceSmart, Shopsmart and all of them . . .”
Haynes questioned, “So you did not need an exemption?” to which Straker replied, “No.”
Asked whether subsequently he applied for said exemption under the COVID directive, Straker said, “No I did not as I explained to you before.”
The claimants closed their case thereafter and Haynes’ team called Chief Medical Officer Dr Kenneth George who was adamant that there was “no discrimination” towards the claimants that he was aware of under the regulations as it was all based on the “scientific evidence ” available at the time.
That evidence he explained through questions put to him by Gollop was that , “any place or establishment” that people were comingling may have resulted in the transmission of COVID-19.
However, he was unable to give information that distinguished a minimart from a supermarket.
In his evidence Director of the COVID-19 Unit Ronald Chapman told Supreme Court No. 12 that there was “no designation” of what was a supermarket or minimart and his officers used the designation used by the establishment.
He disagreed with Gollop that the practice was “wholly arbitrary”.
The matter continues tomorrow at 10 a.m. when Attorney General Dale Marshall, Q.C., and Minister of Health and Wellness Lt Col Jeffrey Bostic are expected to give evidence. (fernellawedderburn@barbadostoday.bb)
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