Political hopeful Anderson Carty has filed legal action against the Attorney General, the Commissioner of Police and a magistrate in the wake of a fallout surrounding a Greenbay residence he was renting.
Carty was evicted from the property in January after apparently failing to honour a rental agreement, and was later detained for failing to attend a court hearing. He claims his detention was unlawful, unjustified and politically motivated.
Attorney Wendel Robinson filed the legal challenge on Monday on Carty’s behalf, claiming the arrest and detention were in breach of Carty’s constitutional right to freedom of liberty.
“The bailiffs for the Magistrate’s Court [were] acting under the instructions of the learned magistrate, and we felt, that having regard to the warrant that was issued and having regard to the treatment that was meted out to Mr Anderson Carty, that several of his constitutional rights, fundamental rights under the constitution, have been breached, as well as certain administrative law principles.
“As such, we have filed an application under the Supreme Court rules for administrative orders coupled with constitutional relief,” Robinson explained.
They are also appealing the five-week timeframe Carty has to pay the EC$24,000 owed to his former landlord.
“We are not contesting the amount that he has to pay; we are contesting the time period and the circumstances under which we believe that the learned magistrate ought to have conducted what is called a means test before he gives certain short deadlines in respect to when monies are supposed to be paid,” Robinson explained.
“This is what is done in just about all other civil cases where judgement is entered; a means test will be conducted as per procedure or a consent order will be done up as to how he is supposed to pay the money and by what installment,” Robinson added.
Meanwhile, Carty told Observer the dispute with his landlord arose over money he allegedly paid out for repairs to the property in lieu of rent.
He condemned the way he has been treated by the authorities since.
“I was unlawfully detained, stripped of my freedom and placed in a jail cell. My freedom was taken from me in an unreasonable and arbitrary manner, which I am told and do believe was unlawful, and breaches significantly my constitutional rights.
“It is usually persons who are in a criminal matter that that kind of execution would take place. That is not to say that the magistrate does not have the right to do so, but you must have reason to resort to that.
“I attended the substantive matter where a summons had been issued. In the second instance, no summons was issued for my attendance,” Carty said, adding that there had been a mix-up over the date he believed he had been told to return to court.
The aspiring politician, who hopes to contest the St John’s Rural West seat as an independent candidate, reportedly occupied the property for several years.