SUPREME Court Justice Gregory Hilton granted a partial stay of his landmark ruling in the case of Jean Rony Jean-Charles on Friday, releasing the government from his order to grant the Bahamas-born man status pending its appeal of his judgement.
Legal counsel for the government, and Mr Jean-Charles, both expressed satisfaction with the outcome following the decision with Attorney Fred Smith noting his client’s status has been effectively returned to the same state prior to his arrest, detention, and expulsion last year.
Meanwhile, Attorney Carl Bethel underscored the “operative part” of the ruling had been stayed and said the government was “happy” it was not bound to grant any immediate status pending a resolution from the Court of Appeal.
In court on Friday, Justice Hilton ordered Mr Jean-Charles was not to be arrested, detained or expelled and is allowed to support himself until the appeals have been determined. His full written ruling on the stay application will be made available on Monday.
The government sought a full stay of Justice Hilton’s ruling, in which the judge ordered the government to immediately issue a travel document to allow Mr Jean-Charles to return from Haiti to the Bahamas, and be reimbursed for that cost by the government; and to grant him “such status” that would “permit him to remain in the Bahamas and to legally seek gainful employment” no later than 60 days after his return.
Justice Hilton found that Mr Jean-Charles was “unlawfully expelled” from the Bahamas after having been detained at the CRDC from September 18 to November 24, 2017 in breach of his rights guaranteed under Article 25(1) of the Constitution.