Attorney Steve McField, representing John Gordon Hewitt, has appealed Cayman Islands Chief Justice Anthony Smellie’s judgment in the matter of MLA Tara Rivers eligibility to stand for office in the district of West Bay when he found in her favour.

This is surprising, since Section 66 of the Constitution states such rulings are “final, and not subject to any appeal.”

McField is claiming: “Section 66 of the Constitution of the Cayman Islands provides that the decision of the Grand Court is final in so far as the determination of the question of whether a person has been validly elected a member of the Legislative Assembly but does not prohibit the questioning of errors and misapplication of constitutional provisions, the meaning and intent of which are misinterpreted, and distorted thereby rendering any determination a nullity.”

The appeal was filed last Friday (23).

It claims the Chief Justice was in error by applying ‘a broad purposive meaning’ to the words ‘educational establishment’ in order to qualify Allen & Overy, a firm of solicitors, as an educational establishment.”

The appeal document names nine “grave and serious errors,” committed by the chief justice in his Grand Court judgment.

Gordon Hewitt is the husband of Velma Powery-Hewitt who failed to get elected in the District of West Bay at the May General Elections.