BASSETERRE, St. Kitts - THE Motion of No Confidence case that was scheduled for hearing yesterday (Nov. 26) will now be heard around mid-January 2015.
The parties appeared before the Court yesterday morning for the trial which was to have determined whether or not the rights of the members of Her Majesty’s Loyal Opposition were being trampled upon by the Hon. Speaker’s failure to have the 23-month old Motion of No Confidence tabled and debated in the Federal Parliament.
Both Chris Hamel-Smith SC – representing the claimants - and Sylvester Anthony representing the respondents - indicated to the Court that when the hearing does commence they would have need to cross-examine specific individuals; Hamel-Smith making mention of the Hon. Speaker of the House, Curtis Martin and Anthony making mention of Michael Powell and Dr. the Hon. Timothy Harris who had both submitted sword affidavits.
Anthony however expressed concerns about disclosure of specific pieces of information relating to Powell’s affidavit.
After taking into consideration the urgency of the matter and having taken note of the arguments proposed by both sides, Presiding Judge, Her Ladyship Justice Marlene Carter set a timeline leading up to the January 19-20, 2015 hearing date.
She said the claimants have until December 11, 2014 to file written submissions and the respondents have until January 5, 2015 to reply. And, if necessary, the claimants have a January 12, 2015 deadline to respond to the defendants’ response.
She also set a provisional case management date of December 19, 2014 in event it is needed to tie up loose ends ahead of the January 2015 trial date.
Hamel Smith told the media that he is confident that the Court would uphold the democratic principles outlined in the Constitution of St. Kitts and Nevis.
“I’m here because the Constitution of St. Kitts says something that we believe is clear and we believe it reflects the democratic principle that at the heart of the Constitution is a democratic people; a principle which is the people’s elected representatives or the people which chose who the government would be. And when that government loses the confidence of the people’s elected representatives, then the government must return to the people. The voice of the people is the voice of God!
“St. Kitts and its Constitution reflect that, and we are simply asking the Court to give effect to the St. Kitts Constitution and to respect and enforce that democratic principle. Am I confident that the Court would do that? Absolutely, I am confident…”
