Gov’t requests Judge’s withdrawal from boundaries case

BASSETERRE, St. Kitts – COUNSEL for the respondents Sylvester Anthony gave notice today (Jul. 13) that he will be requesting His Lordship Justice Francis Belle withdraw himself from the case of Shawn Richards versus the Attorney General and the Constituency Boundaries Commission. 

This morning, Justice Belle said that he was made aware of recent statements made by the Prime Minister, Hon. Dr. Denzil Douglas, indicating that court proceedings had adjourned last Wednesday (July 8) to accommodate an emergency Parliamentary sitting that would debate the report of the Constituency Boundary Commission. 

Belle categorically denied that this was the case, and subsequently insisted that legal counsel to Attorney General Hon. Dennis Merchant and the Boundaries Commission, Dr. Henry Browne, file a sworn affidavit regarding the Prime Minister’s statements.
Belle insisted that no further arguments and no further applications made by the respondents would be considered until Dr. Henry Browne filed the affidavit.  

Subsequent to this, Anthony served oral notice on His Lordship that he would be making a formal application to have the Justice recuse himself from the case.

In a brief interview with SKNVibes, Anthony informed that Justice Belle’s statements in relation to Dr. Browne suggest he may not exercise objectivity in the case.

“My clients are not satisfied that they can get a fair trial given the statements made by His Lordship. When the application is filed, there would be an affidavit attached which would outline the reasons for the request,” he stated.

He proceeded to inform that the application for recusal would be filed later today, and would state the grounds on which the recusal request was made.

Justice Belle did not give any official response to the notice of recusal, but proceeded to allow both sides to indicate how they intend to move ahead with the substantive matters of the case.

The Barbados Labour Party’s Leader, Mia Mottley, representing Hon. Shawn Richards of the St. Kitts opposition People’s Action Movement party, proposed an order of proceeding for tomorrow’s hearing by requesting for the Court to first hear the Contempt of Court case against the Attorney General. 

Justice Belle adjourned the hearing until 10 a.m. tomorrow (Jul. 14) in order to give both sides ample time to give consideration to the various applications, affidavits and amended affidavits. 

He agreed that tomorrow’s court proceeding will begin with the contempt of court case brought against the Attorney General.