Buggery law challenge: Hearing pushed back to October 4

Firstly what Javed's case seeks to do

countries that have sexual orientation protected in the constitutions

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.

The number now stands at eleven the number of parties joining the case in opposition to the continued constitutionality of the buggery law, 8 of which will be known as the churches and represented by Miss Coley Nicholson all the applicants were allowed in by the judge and the Marcus Garvey Movement is expected to join as well to make it twelve if successful; to make sure the matter proceeds smoothly all parties must file affidavits.

groups include:

Lawyers Christian Fellowship

Hear the Children's Cry (Betty-Ann Blaine)

Citizens for Truth and Justice (Catholics)

Love March Movement

Jamaica Coalition for a Healthy Society

Jamaica Association of Evangelicals

Ethiopian Orthodox Church

Independent Churches (Bishop Adegold)

Holiness Christian Church

Christian Brethren Assemblies of Jamaica

Church of God in Jamaica.

There is some concern that there maybe hearsay evidence in Mr Jaghai's affidavit which is against the rules of evidence, the judge rule that a further affidavit be done to remove the offending parts before the matter is heard again on October 4, 2013.

Javed said he is in no way swayed by today's outcome and glad the matter is progressing: 

"For me it was refreshing getting the matter in court and getting the scheduling rolled out, I am super excited to be part of a really progressive movement towards equability in Jamaica and I am actually proud to be here today to be representing countless LGBT Jamaicans who deserve recognition who deserve love and who need to know they have human rights they have constitutional rights that should be protected and hopefully this case is one step to that kind of outcome."