MY comments on the Court of Appeal decision not to grant leave to appeal against its own judgment in the functional constituency case have been reported out of context.
I was informed on the afternoon of December 14, that the United Ants were considering a 'forma pauperis' appeal to the Judicial Committee of the Privy Council. I was asked what such an appeal was.
I explained that if the Privy Council entertained a pauper appeal, the appellants would be exempted from the payment of certain fees and costs.
However, even if the Privy Council allowed that procedure to be utilised, it would still be necessary to retain a solicitor and a barrister in London who would be willing to apply for special leave and then argue the appeal 'pro deo' or, without charging fees.
I was asked whether such appeals were common.
I said I recalled having prepared papers once for a 'forma pauperis' appeal from the Supreme Court of Sri Lanka, but that I was not aware how often appellants in other Commonwealth jurisdictions resorted to that procedure.
