BASSETERRE, St. Kitts – THE case concerning former Prime Minister, now Leader of the Opposition, the Rt. Hon. Dr. Denzil Douglas allegedly being the holder of dual citizenship is scheduled to be heard tomorrow (Feb. 26) in the High Court.
The allegation was first brought to the attention of the St. Kitts and Nevis National Assembly on Wednesday, November 15, 2017 by the Attorney General, Senator the Hon. Vincent Byron Jr., who claimed that Dr. Douglas was in violation of the Constitution by holding dual- citizenship.
Following the allegation, which the Team Unity Government stated that it has irrefutable evidence of Dr. Douglas being the holder of a diplomatic passport from the Commonwealth of Dominica, the Attorney General’s Office had instituted legal proceedings against the Parliamentarian of over 20 years.
“I’d like to report that having had advice from Senior Counsel on this matter, the Office of the Attorney General gave instructions to institute legal proceedings in this matter and so yesterday, January 22, a fixed date claim form was filed in the High Court Registry to initiate a matter to get the court to make certain declarations and findings,” AG Byron had said at the first sitting of the National Assembly for 2018 on Tuesday, January 23.
The fixed date claim form, No. 8 of 2018, is a matter between the Claimant, Attorney General of St. Kitts and Nevis, and the Defendant, Dr. Denzil Douglas.
The application to seek relief from the High Court is pursuant to Section 36 of the Constitution of St. Kitts and Nevis and Section 12 of the National Assembly Elections Act Cap (2.01).
According to a SKNIS release, the AG is seeking a declaration from the High Court “that since the election to the National Assembly on February 16, 2015, Dr. Denzil Douglas disqualified from being elected as a member of the National Assembly and was accordingly required to vacate his seat in the National Assembly by reason of his becoming a person who by virtue of his own act in accordance with the law of the Commonwealth of Dominica, under an acknowledgement of allegiance, obedience or adherence to a foreign power or state, namely, the said Commonwealth of Dominica”.
It further stated that the AG was also awaiting a declaration from the court that according to the Constitution, “Dr. Douglas has vacated his seat in the National Assembly of St. Kitts and Nevis.”
Additionally, costs, an injunction restraining Dr. Douglas from sitting in the National Assembly and performing his functions as a member, and such further and/or relief that the “honourable court may deem just and expedient” are being sought.
AG Byron had stated to the House that Dr. Douglas was issued a diplomatic passport, No: DP 0000462, by the Commonwealth of Dominica, which recorded him as being a citizen of that country, and that “this is borne out by a certificate of exhibits thus filed among the papers at the court”.
According Byron, “Tthe law of Dominica requires all citizens to swear an Oath of Allegiance upon being registered as a citizen” and that “by the Common Law of Dominica, a person who possesses and/or travels on a Dominica passport is under acknowledgement of allegiance to Dominica”.
The AG’s Office had reported to the court that Dr. Douglas had left the Federation of St. Kitts and Nevis by air using the same Dominica passport on April 23, 2016, and that the passport is stated to be valid until July 29, 2020.
AG Byron also stated that both Section 28 (1) of the Constitution of St. Christopher and Nevis and Section Six of the National Assemblies Act provide that “a person shall not be qualified to be elected or appointed as a member if he is by virtue of his own act under any acknowledgment of allegiance, obedience or adherence to a foreign power of state”.
Since making the allegation, Dr. Douglas has publicly denied having dual citizenship.
“I do not hold dual citizenship, has never held dual citizenship, does not hold and never held citizenship of Dominica or any other country, except that of St. Kitts and Nevis.”
With regards to tomorrow’s case, an Erasmus Williams’ press release, dated February 24, 2018, stated that Dr. Douglas had signed an affidavit which would ask the High Court Judge to dismiss the charges brought by the AG that he is a citizen of the Commonwealth of Dominica.
“In the affidavit that I have sworn, I have asked the court not only to dismiss the charges that have been brought by the Attorney General, but also with costs because they must pay for wasting the court’s time. They must pay my lawyers, who have been assembled in order to defend me in this matter,” the release quoted Dr. Douglas as saying.
Dr. Douglas also reportedly said that the outcome of the case would enable the St. Kitts-Nevis Labour Party to settle down and pursue a spirited election campaign to remove the Dr. Timothy Harris-led Unity Construct from office.
He further said that the actions of the Government are a concerted political plan and strategy to tarnish the image of his name and put the St. Kitts-Nevis Labour Party in a bad light in order to present themselves in a better light.
“They have pursued this vendetta, which is a political red-herring by the Attorney General Vincent Byron and Prime Minister Timothy Harris. With all that is happening in St. Kitts and Nevis - the numerous murders in 2017 and continuing in 2018, the unsolved criminal cases, rapes - the large number of our women folk that are being raped almost nightly, yet, the Prime Minister and Minister of National Security Dr. Harris and his Attorney General, Vincent Byron, can find time to pursue what has been described as a political red- herring, wasting not only taxpayers’ money, but wasting as well the time of the court,” he is quoted as saying.
Dr. Douglas has been a Member of Parliament for St. Christopher Six since 1989 and a former Prime Minister for nearly 20 years.
