BASSETERRE, St. Kitts – AN application made by Team Unity for leave for judicial review, which according to them, was to have been heard today (Jan. 29) at the Basseterre High Court, but was not because presiding Justice Marlene Carter had a previously-scheduled engagement.
The matter was originally scheduled for yesterday afternoon after the Eastern Caribbean Supreme Court (Appeal Court) had finished dealing with another matter in which the Team Unity alliance/opposition requested an interim injunction to prevent the use of the new constituency boundaries until the substantive matter is disposed of.
That interim injunction granted by the Appeal Court did not conclude until sometime after 6:00 in the evening.
SKNVibes understands that during the Appellate Court’s hearing of the matter, Carter was in the precincts of Sir Lee Llewellyn Moore Judicial and Legal Services Complex within which the Basseterre High Court is housed, but, because it had concluded as late as it did, the application for leave could not have been heard then.
According to Talibah Byron, Team Unity lawyers showed up for court this morning with the expectation of having the matter heard.
“We expected court to be on this morning at 9:00a.m. where the matter of the judicial review of the boundaries report would come up. We got here at 9:00…Senior Counsel Mendes was here before 9:00 waiting on the judge and court officials to come out. He was informed by the bailiff…I think… that the judge, the Resident Judge, is in Nevis for a special sitting taking place right now.
“We tried to confirm that. We also tried to confirm with the Registrar of the High Court whether the judge would still come and try to hear the matter today as we have been told she would have done.”
Byron told media representatives that the Opposition’s legal team has since been told that “there is nothing scheduled for today, the Registrar has confirmed that to Ms. Douglas who is one of the Court staff here…”
SKNVibes made contact with Sylvester Anthony, one of the legal team members for the Government, who explained that he is not aware that there was any court case scheduled for today.
“I am not aware of any court session that was scheduled for this morning in the High Court. I think all the lawyers involved in the matter were well aware when we met with the Court in chambers on Tuesday (Jan 27) that the Court already had a prearranged engagement for Friday.
“The Court had expressed a willingness assuming the matter had begun…on Thursday, that if it had not completed she would be willing to forego the special sitting in Nevis to which she had already committed in order to complete the matter.”
Astaphan said he found it strange that any lawyer appeared at the Court today for hearing of the matter.
“But the sitting on Thursday was stood down and effectively I guess cancelled by virtue of the fact that we were before the Court of Appeal on that very day and we did not conclude until 6:00. And speaking for ourselves, we did not go back to the Court to inform the Court about the status of the appeal matter, because the Registrar of the High Court sat in on the Court of Appeal matter and she was well aware of what time we finished.
“And so I find it strange that lawyers would report to the Court on Friday morning pretending that they had a matter scheduled for that time…”
