BASSETERRE, St. Kitts – THIS morning (Jul. 14), the continuing court proceedings regarding challenges to the prospective constituency boundary changes took a dramatic turn when His Lordship Justice Francis Belle recused himself from the case upon the request of the respondents.
Yesterday (Jul. 13), the presiding Justice Belle opened with remarks explicitly stating his dissatisfaction with the Prime Minister and/or his legal advisers for debating the report of the Constituency Boundaries Commission at a time when an injunction granted by the Basseterre High Court prohibited them from doing so.
Belle subsequently ordered that one of the respondent’s legal counsels, Dr. Henry Browne, file a sworn affidavit explaining how the Prime Minister could make statements indicating that Court had been adjourned to accommodate an emergency Parliamentary sitting last Wednesday (Jul. 8). The presiding judge firmly stated that no application or argument from Dr. Browne would be considered by the Court until the written affidavit was made.
Legal Counsel Sylvester Anthony, another representative for the respondents, immediately challenged the judge’s decision regarding Dr. Browne. Anthony then moved to give the Court notice that his legal team would file an application of recusal, as he stressed that his clients had very little confidence in the Belle’s ability to give a fair trial.
“Essentially, what we relied upon were comments made by the Judge at the beginning of the hearing yesterday. Given the tone and the manner in which they were made, as well as the content, our clients were not confident that they could have had a fair hearing before this judge. This was essentially the basis of the application,” Anthony explained.
At the beginning of this morning’s court proceeding, Justice Belle announced that he had received the application from the respondents, and stated that he does not wish for any of the stakeholders to feel like they are at the mercy of an angry judge. He consequently announced that he would withdraw himself and allow the case to continue.
Justice Belle informed that he would contact Chief Justice Hugh Rawlins, who would then appoint another judge to deal with the matter.
Anthony explained that the Judge was not obliged to recuse himself, but added that his team thinks it was a “wise decision” for Judge Belle to grant the application. He concluded by saying that he anticipates the Court to move expeditiously in appointing a judge to hear the matter.
Speaking to SKNVibes, Leader of the People’s Action Movement Lindsay Grant gave his views on the aftermath of the recusal.
He said, “Our injunction still stands, so therefore we await any general elections and we are ready. One must understand, however, that any general election has to be based upon the old boundaries and we are ready. Our injunction still stands.”
Legal counsel for the respondents pointed to the presiding judge in Nevis, Justice Ianthea Leigertwood-Octave, as a potential replacement to hear the matter, though there remains the possibility that the Chief Justice would appoint a judge from another district to hear the matter.
All the matters, including the Contempt of Court charges brought against Attorney General Hon. Dr. Dennis Merchant, will be dealt with by the incoming judge.
