BASSETERRE, St. Kitts – IN a matter of months, the Nevis Election Petition case appeal will be heard during a special sitting of the Eastern Caribbean Supreme Court in Nevis.
The case, as explained by Dr. Henry Browne – counsel for the first appellant Deputy Premier Hensley Daniel - is slated for July 3, 2012.
He said that date was arrived at following a teleconference hearing of that court held last Friday (Mar. 30).
The appeal hinges on orders passed by Justice Lionel Jones in the Nevis Election Petition Case which was delivered on March 21, 2012 at the Nevis Circuit Court. That decision declared the July 2011 Election for Nevis Constituency Number Two null and void.
That seat was contested by Deputy Premier Hensley Daniel and Deputy Leader of the Concerned Citizens Movement Mark Brantley. Daniel won by 14 votes.
Others portions of Justice Jones’ decision declared that the 200-plus names which were illegally removed from the Voter’s List are not to be restored, Brantley’s Constitutional right to freedom of expression was breached and all parties are to bear their own costs.
Dr. Browne explained that during the teleconference hearing, Brantley sought leave of the court to file a cross appeal which was granted.
“The respondent Mr Mark Brantley made an application as it were to the court to lodge an appeal. They call it a cross appeal, against the judgment of Mr. Justice Jones. We or I did not oppose the application so there was no long argument on that.The court therefore ordered that Mr. Mark Brantley be permitted to file his cross appeal no later than Wednesday 4th April 2012.”
He informed that Brantley – through his counsel – also asked of the court to have the matter heard in another jurisdiction “in the interest of expedition and time”. However, the appellate court decided that it would be tried in Nevis over a one-day period.
Daniel’s counsel said he does not yet know the substance of Brantley’s appeal but noted that as soon as it is filed he would make the public aware.
“I do not know what the grounds of Mr. Brantley’s notice of cost appeal would state. When he files his papers as he is entitled to do, we will let to public be aware of what his dissatisfaction with the judgment is. It is Mr. Brantley’s right to lodge an appeal against the decision of Mr. Jones…if he is dissatisfied with any ruling that the honourable judge makes. Clearly by his application, he is dissatisfied with aspects of the judgment.”
