BASSETERRE, St. Kitts – TEAM UNITY Leader the Hon. Dr. Timothy Harris said the judgment handed down by the Privy Council earlier today (Feb. 12) in the injunction/electoral boundaries case is a vindication of his team.
In the first interview with the media after the judgment was read, Dr. Harris told SKNVibes that the Unity partnership has “always been confident that justice of the case was on our side and today the highest Court to which we are subjected to has given its verdict. We are happy, our supporters are happy, an entire country is happy because justice has been achieved”.
Team Unity challenged the process, which was utilised by the Government to effect changes of the Constituency Boundaries, citing some portions of it were improperly carried out and it also alleged that because the process was rushed through as quickly as it was, it was designed to deny them their fundamental right of access to the Court.
The boundaries were changed and the Federal Parliament was dissolved on January 16, 2015 and on the same day Team Unity was successful in obtaining an interim injunction. However, the process of effecting new boundaries had already been completed and days later, during a Court hearing, the injunction was discharged.
Redress was sought at the Eastern Caribbean Supreme Court but it ruled to uphold the High Court’s decision to discharge the interim injunction.
Team Unity solicited the Privy Council and it overturned the rulings of both the Eastern Caribbean Supreme Court and that of the Basseterre High Court which was presided over by Justice Marlene Carter.
In delivering its ruling, the Privy Council read, “After consideration of the appellants appeal against the order made by the Easter Caribbean Court of Appeal sitting as the Court of Appeal for St. Christopher and Nevis on 5th February 2015, and having heard submissions on behalf of the parties yesterday on 11 February 2015, first the Board would humbly advise Her Majesty that the appeal should be allowed.
“That the orders made by Madam Justice Carter on 27 January 2015 and by the Court of Appeal on 5 February 2015 be set aside and that the interim injunction granted by Madam Justice Carter on 16 January 2015 be restored.
“…It is determined and ordered that, firstly, the list to be used in the said Election is and shall be that existing prior to and apart from the proclamation bearing the reference number two of 2015, purportedly issued and published by the Governor General in extraordinary gazette number three bearing the date 16 January, 2015. Second, any effect which the said proclamation would continue otherwise to have whether in relation to any other election or otherwise is hereby suspended until further order or further questions regarding the said proclamation or otherwise and or questions or costs be reserved.”
Dr. Harris explained that during the process of court challenges, Team Unity was resolute in persevering in the name of justice.
“And we said all along we would go all the way for justice, all the way to victory. And today our hopes and the anticipation that the unfairness will not prevail have been vindicated by the highest Court of the land. So we are happy! We hope that good sense would prevail. We have always abided by the ruling of the Court and have gone from lower to higher Court in search of justice. In the end we had to go all the way to London and justice has prevailed. We thank all those officers of the Court…”
Dr. Harris said today’s win is a precursor to Team Unity’s victory at the polls.
“This is a very good day for the people of St. Kitts and Nevis. For us in Team Unity, we have been vindicated and it is onward now to victory, a celebrated victory on 16th of February and a new government with a new and enlightened approach to democracy, the judiciary and of course the development of our country.”
