BASSETERRE, St. Kitts – THE Opposition has been successful in lodging an appeal with the Eastern Caribbean Supreme Court against the ruling of High Court Judge Justice Marlene Carter to set aside the January 16 injunction and that case is scheduled to be heard today (Jan. 29).
The Opposition had applied for the injunction on the aforementioned date to prevent the use of the final report of the Constituency Boundaries Commission for the purpose of making a proclamation to effect realignment of the constituency boundaries.
Evidence produced in court however indicated that the process of boundary realignment was completed before the injunction was attained and the Constitution dictates that once that has happened, it cannot be challenged in a court of law unless a specific criterion is satisfied.
The Opposition however argued that the process was flawed because the criteria, spelt out in law, for the publishing of the gazetted proclamation were not fully met.
After Her Ladyship Justice Carter had lifted the injunction, the Opposition requested that another be imposed pending the appeal, but that request was denied.
SKNVibes understands that the Opposition filed its appeal yesterday morning and it was sent to St. Lucia – where the Court of Appeal is headquartered – and it has indicated that it would hear their application to restore the injunction today at 9:15 a.m. via teleconference.
