BASSETERRE, St. Kitts - THE appeal filed by members of the government against the Basseterre High Court’s decision to nullify the Senators Increase Bill, was postponed to a later sitting of the Eastern Caribbean Court of Appeal.
In late February 2013, Justice John Benjamin ruled that the circumstances surrounding the way the Bill was passed were questionable and not in keeping with the supreme law of the land questionable. And he ruled that the Bill is null and void.
The Constitution provides for there to be appointed to Parliament, three senators “or such greater number (not exceeding two-thirds of the number of Representatives) as may be prescribed by Parliament”. It also indicates that if one of the three is appointed Attorney General, then another senator could be appointed as senator.
However, with the Parliament already consisting of three senators, Jason Hamilton was named a senator then appointed Attorney General. And his vote was enough to effect the passage of the Senators (Increasing Number) Bill was passed.
That Bill made provision for the increasing of the number of senators from three to six; four on the Government’s side and two on the Opposition’s.
Opposition Members the Hons. Shawn Richards and Sam Condor sought redress at the Basseterre High Court on the grounds that because Hamilton was illegally appointed Attorney General, whatever procedure he may have participated in is null and void. The court ruled that the Senators Increase Bill was null and void.
Representative of the government however, are challenging the High Court’s decision. But today (Feb. 12) when the case was called for hearing in the Appellate Court, Richards and Condor’s counsel informed the court that they had only received skeleton arguments from the appellants two days prior and as such they have not been able to adequately peruse the documents and prepare their responses.
The Justices of Appeal were mindful to grant counsel’s request for an adjournment until the June 2014 local sitting of the court.
