Lieutenant Austin Buntin and Second Lieutenant Marian Mathurin, both serving officers, have filed an application for an interim injunction against the Chief of Defence Staff of the Antigua and Barbuda Defence Force (ABDF) and the Attorney General.
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The matter, brought before the court on January 11, 2024, pertains to the variation of the Applicants’ military commission status from indefinite to a specified period.
The Applicants argue that the unilateral decision to vary their commission is illegal, and they seek redress through the High Court of Justice.
According to the Notice of Application for Interim Injunction, the Applicants request several reliefs, including an order restraining the Respondents from varying or causing the variation of the Applicants’ commission until the determination of the substantive claim for an Administrative Order.
The Applicants also seek an order to prevent the Respondents from instructing the surrender of their commission instruments for an indefinite period until the substantive claim is resolved.
The grounds for the application highlight that the Applicants were legally granted their indefinite commission under Section 15(2) of the Defence Act, 2006. CLICK HERE TO JOIN OUR WHATS APP GROUP
They argue that any unilateral variation of their commission is unlawful, emphasizing that there is no requirement for them to be granted a commission for a specified period before becoming eligible for an indefinite commission.
The urgency of the matter is underscored by the alleged increase in pressure from the Chief of Defence Staff for the Applicants to surrender their commission instruments.
The Applicants claim that they were given no opportunity to be heard regarding the decision to vary their commission, which could have adverse financial and other impacts on them.
Furthermore, the Applicants stress that an application for an interim injunction on similar grounds has previously been granted by the court, reinforcing the merit and urgency of their current application.
Lieutenant Austin Buntin, one of the Applicants, expressed the urgency and importance of the matter, stating, “The term of employment will come to an abrupt or premature end if the respondents are not restrained from unilaterally varying the Applicants’ indefinite Commission.”
The court has set a hearing date to determine the interim injunction application, and the Applicants await a favorable decision to protect their military commission status during the resolution of the substantive claim.
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Interesting, very interesting!!!⁸
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