Barbara Gayle, Justice Coordinator
The Supreme Court has pushed back to October 4 the hearing of an application by gay rights activist Javed Jaghai who is seeking to challenge the buggery law.
When the matter came up for mention in chambers this morning, Justice Carol Edwards gave the claimant until July 5 to amend his affidavit after it was found to contain hearsay.
It was also determined that aspects of the affidavit were not directly related to the claimant.
The Attorney General (AG), which was named as a defendant in the matter, has been given until September 16 to file and serve an affidavit response.
The AG is being represented by Solicitor General Nicole Foster Pusey and Attorney-at-Law Carlene Larmond.
Meanwhile, Justice Edwards has granted permission for several Christian denominations and advocacy group Hear the Children’s Cry to join the case as interested parties.
Jaghai, who is being represented by Maurice Tomlinson, wants the court to determine if the anti-sodomy law breaches rights guaranteed under the Charter of Fundamental Rights and Freedoms which he contends guarantees the right to privacy.
The gay rights activist is seeking a declaration that the private sexual activities between consenting males must be excluded from the Offences Against the Person Act.
He is also seeking an order that the Act will continue to govern non-consensual acts and those which take place with males under the age of 16.
If he is successful, it would mean that the right to privacy will include the right of two homosexual men to engage in intercourse in privacy without facing the risk of being charged with a criminal offence.
Jaghai is contending that to date the Government has not given an undertaking that it will repeal the sections of the Offences Against the Person Act under which homosexuals can be charged.
He argues that the Government continues to violate his right to privacy and equality before the law as guaranteed by the Charter of Rights.