By Warren Cassell
Adapted
“Motherland”, the song sometimes described as the National or Territorial song is often heard in church, in schools and at public events. As said in January, 2015, (see: http://www.themontserratreporter.com/premier-meade-and-government-lose-fight-to-frustrate-national-song-issue/; some are reminded, while others may not be aware of the legal action brought by songwriter Denzil Edgecombe against the former Premier Reuben Meade and the government through the Hon. Attorney General. The Government has fought to bring to an end the issue of whether or not Denzil Edgecombe’s song should eventually be declared the national song.
This came to an end, if perhaps temporarily, on Thursday when the High Court ruled in favor of the Crown.
The action began in 2013 when the High Court refused to grant the Claimant leave to file and serve judicial review proceedings. Mr. Edgecombe then appealed to the Eastern Caribbean Court of Appeal who allowed his appeal.
The Court of Appeal granted Mr. Edgecombe leave setting aside Justice Redhead’s refusal, but, the Attorney-General’s office applied to the court to strike out certain remedies sought by Mr. Edgecombe. In particular, following is the main remedy that the crown wanted struck out, among others: “A declaration that the legitimate expectation of the Applicant was unlawfully and unfairly frustrated by the 1st Respondent so as to amount to an abuse of power on the part of the 1st Respondent”;
The main remedy sought from the High Court by Edgecombe was a declaration that the legitimate expectation of the Mr. Edgecombe was unlawfully and unfairly frustrated by the Premier, so as to amount to an abuse of power.
At the trial yesterday apparently in dismissing Edgecombe’s Claim found favor and upheld the Crown’s position.
According to Antigua based Attorney Dr. David Dorsette acting for Mr. Edgecombe, while expressing disappointment in the Judge’s decision, said that the decision handed down was a verbal one and he will wait for a transcript of the trial and decision. He said they were “not in a position at this point in time to determine where we go from here until we have an opportunity to assess the oral decision…”
Related story: www.themontserratreporter.com – There was a National Song” – October 31, 2014.
