BASSETERRE, St. Kitts – SPEAKER of the Federal Parliament Hon. Curtis Martin was successful in staying the proceedings in the High Court concerning the Motion of No Confidence until his appeal is dealt with.
Counsel Sylvester Anthony told SKNVibes that the stay was imposed on Thursday (July 3).
Members of Her Majesty’s Loyal Opposition had called upon the Court last year to force the hand of the Speaker in placing the Motion of No Confidence on the Order Paper for tabling before that body. This was however opposed by the Speaker on the grounds that the Court did not have jurisdiction to do so.
Presiding Judge, His Lordship Darshan Ramdhani however ruled - among other things - that the constitutional rights of the Opposition Parliamentarians were being infringed and that he (His Lordship) did have jurisdiction to tell the Speaker to table the MoNC.
“On behalf of the Speaker as well as the other defendants, we opposed the claim that was brought and sought to have it struck. The sitting resident Judge Mr. Justice Ramdhani made certain findings; one of those had to do with the question of jurisdiction. He ruled that he has jurisdiction and he made other findings. And he also ruled that he also had the jurisdiction to injunct, if necessary, the Speaker, if he failed to comply with the order made by the Court.
“And the Speaker sought leave to appeal the decision of Justice Ramdhani. We got leave to appeal a few months ago but there was still pending the matter of an application to stay proceedings. That is, we had asked the Court to make sure nothing went on in the High Court until the Appeal Court had an opportunity to hear the appeal and determine it...”
Anthony further explained that the “stay” which was granted, prevents all proceedings at the High Court level relative to the MoNC from taking place until the filed appeal has been heard and ruled upon.
Anthony - who is being led in this matter by Anthony Astaphan QC - said the Eastern Caribbean Supreme Court of Appeal would next sit in St. Kitts in October and “unless the parties agree to an earlier hearing date in a different venue”, it is likely to be heard then.
