BASSETERRE, St. Kitts – ANOTHER call for full disclosure of audiotapes and transcripts of the meetings of the Constituency Boundaries Commission was made this morning (Dec. 7) by lawyers representing opposition ministers of parliament in the judicial review brought against the commission.
In a brief court hearing this morning, legal counsel for the opposition members Vincent Byron informed the presiding Justice His Lordship Francis Belle of the grounds on which the new application was necessary.
When the proceedings were adjourned last Friday (Dec. 4), the respondents informed the Court that the CBC secretary, Gail Cranstoun, would review the transcripts to ensure they were accurate according to the audiotapes.
It was later revealed that Senator Nigel Carty, with the help of the Registry staff, had assisted in transcribing the audiotapes of the meetings, in order to efficiently produce them within a short timeframe.
Justice Belle said “that was something that was totally wrong” and should not have been done. He stressed the need for separation of powers, especially in sensitive cases that involve the government.
Belle, who had already ruled against the full disclosure of the CBC audiotapes, explained that he made that decision “on certain facts at that time”, adding that there are now new developments since that decision.
“It is clear the only person transcribing this is the person who was there at all meetings [of the Commission]. If she wanted assistance, she should have sought it from someone independent.
“Any mixing up of the duties could result in contamination of the product,” the judge cautioned, reminding both sides of their responsibility to be forthcoming with the truth.
Byron’s clients, Hon. Mark Brantley, leader of the Opposition and parliamentary representative of the Concerned Citizen’s Movement (CCM), and Hon. Shawn Richards, lone parliamentarian for the People’s Action Movement (PAM), made an earlier call for the meetings’ audiotapes and transcripts believing that they contained critical information relevant to the case.
Last Thursday (Dec. 3), Justice Belle ruled that the audiotapes of all meetings would not be “helpful” to the case, but the respondents in the matter conceded to submit the transcript of the November 11 CBC meeting, in order to bring clarity to a number of “apparent inconsistencies” cited by Brantley and Richards.
According to Byron, the minutes misrepresented what was said by Hon. Vance Amory and Senator Michael Perkins, two CCM parliamentarians who had resigned from the Commission on November 16.
Byron also complained today that decisions were made regarding consultations with Richards, but were not reflected in the minutes. He therefore sought the Court to grant additional time to file the application requesting the audiotapes and transcripts of the meetings.
Counsel representing the government in the matter, Arundranauth Gosai reminded the Court of the certificate of urgency applied for by the claimants and he emphasized that the matter must be dealt with expeditiously.
As a result, Justice Belle reduced the one-day adjournment asked for by the claimants and ordered that the application should be filed by 3 p.m. today.
Hon. Vance Amory and Cedric Liburd, one of the three remaining CBC members, are expected to take the witness stand but it is unknown when that would be as the issue of the minutes must first be resolved.
