BASSETERRE, St. Kitts, May 31.2018 -LAWYERS for both parties yesterday (May 30) wrapped up their positions in court on whether or not an expert witness should be allowed to testify in the case concerning Dr. Denzil Douglas’ eligibility to sit in the National Assembly.
The Attorney-General’s Chamber challenged the suitability of the Leader of the Opposition, Dr. Douglas after it was revealed that he is the holder of a Dominican diplomatic passport.
According to one of the lawyers for Dr. Douglas, Sylvester Anthony, today’s sitting saw the judge hearing two cases, one involving the Attorney General and the other with regards to Cartwright Mills.
With regards to the case with the Attorney General, he said that both parties continued with their arguments today and submissions are to be made by both parties.
When that is done, the judge will then be guided accordingly and a date for the decision will be made.
“Today’s matter was to deal with both of them. In the attorney-general’s matter, the court heard the arguments with regards to the need to call an expert witness. And basically, he has reserved his decision subjected to filings of final submissions of both parties.”
Attorney-General, Vincent Byron told reporters shortly after the court broke that Dr. Douglas’ lawyers asked that they should be able to use an individual who is verse in the interpretation of the laws of Dominica to assist the court.
“The argument put forth by my counsel, was that a judge of the high court, is a judge of the Eastern Caribbean Supreme Court and therefore appointed by the Judicial and Legal Commission and is a judge of all of the states of the Eastern Caribbean, St. Kitts and Nevis and Dominica included. And so the judge can be appointed to Dominica just as he can be appointed here in St. Kitts and Nevis.”
He continued: “If he sits in Dominica, he would determine what the Dominica law is. And so, we are of the view that this is not necessary.”
According to Byron, his attorney - Douglas Mendes QC - received additional notes yesterday and is willing to respond to those submissions in writing. That has resulted in the judge allowing time for it to happen, and for Mr. Anthony Astaphan to tidy his notes to have them submitted by Friday (June 1).
Byron told reporters at the Prime Minister press conference today that the process can take about two weeks for a determination before the preliminary phase is complete.
After that phase has ended, the substantive matter in the case will then be heard.
