MercoPress. South Atlantic News Agency

Supreme Court will decide on MLA Barkman double status at hearing in Falklands

The basis of the case against MLA Barkman is that getting a New Zealand passport was an act of her own that acknowledged obligations to a foreign power.

The Falkland Islands Supreme Court hearing that will decide the future of MLA Teslyn Barkman double status, will take place at the end of November or beginning of December on a date yet to be arranged.

In the meantime, a procedural hearing on June 16 took place in London, relayed to the Court and Assembly Chamber in Stanley by video link.

The purpose of the hearing was to set a timetable for the various things needed between now and the final hearing. These include a written defense setting out MLA Barkman’s response to the petition against her and expert evidence from both sides about New Zealand citizenship law.

The basis of the case against MLA Barkman is that getting a New Zealand passport was an act of her own that acknowledged obligations to a foreign power.

The June 16 hearing was mostly procedural but Richard Price KC put forward a document setting out what he says are the obligations that MLA Barkman took on when she took out a passport. Gerard Rothschild argued that she took on no responsibility that was not already imposed on her.

The Chief Justice and lawyers for both parties will come to the Islands for the main hearing towards the end of the year.

Under the Constitution, there can be no appeal from the Chief Justice’s decision following that hearing.

One of the two lawyers representing the Attorney General is Richard Price KC. He is one of UK’s few leading experts on election law and he edits text books on the subject.

MLA Teslyn Barkman is represented by Gerard Rothschild. According to his website bio, he has been involved in significant cases with a constitutional aspect and he teaches constitutional law. (Penguin News)