BASSETERRE, St. Kitts, Jul. 09. 2018 – LAWYERS for Parliamentary Representative for Constituency Six, Dr. Denzil Douglas, has moved to have the petition brought by Cuthbert Mills, thrown out.
The move was taken after attorneys for both parties made arguments in the case on Friday (Jul. 6) before Justice Trevor Ward QC.
Mills is challenging Dr. Douglas’ right to remain as the elected representative for Constituency Six after the Opposition Leader was found to be the holder of a Dominican Diplomatic Passport. A similar case was brought by the Attorney General’s Chamber.
On Friday, while giving an update on the case, Angelina Gracey Sookoo-Bobb, a lawyer for Dr. Douglas said that during that sitting, a formal application was made by Dr. Douglas’ team to strike out Mills’ petition.
They argued a number of reasons why Mills’ case should be thrown out.
According to the attorney, Section 36.4 of the constitution, allows for a singular challenge to a member of the House who was duly elected. She added that in the circumstances where that challenge is brought by a voter, the attorney-general can intervene. However, she reminded there is no such provision where the attorney-general has first filed.
The attorney noted that because of the very strict nature of that section of the constitution, there is no provision allowing for “what is considered a second challenge particularly given the way Mills chose to prosecute his claim”.
The first is by the Attorney General’s Chambers.
“Our second challenge on why the claim should be struck out entirely is what we say is the failure of Mr. Mills to specifically point out what are the laws of Dominica, which Mr. Mills alleges amounts to Dr. Douglas being in allegiance to Dominica as a foreign power.
“Mr. Mills simply indicated the laws of Dominica and that is not sufficient, because the law could mean anything from Common Law, Statutory Law, International Law, etcetera,” she added.
Further, the lawyers referenced several paragraphs in the petition which, according to Sookoo-Bobb, amounts to “hearsay”.
She noted that Mills, in several of those paragraphs, sought to invoke the civil jurisdiction of the court, which the attorney noted, in matters of this kind are not allowed.
“We then argued that Mr. Mills sought to attach the front page of the Observer newspaper which he purports to be a copy of Dr. Douglas’ diplomatic passport. Of course, Mr. Mills cannot exhibit that document, we argued that it was inadmissible…Mr. Mills also relied on Facebook postings which we said were insufficient,” added the attorney.
Justice Ward reserved his decision for Friday, 13 July.
