BASSETERRE, St. Kitts, Jul. 15.2018 – THE case brought by Cuthbert Mills challenging Dr. Denzil Douglas’ eligibility to remain as the elected Representative for Constituency Six was on Friday (Jul.13) thrown own by Justice Trevor Ward QC.
Mills’ challenge of Dr. Douglas came in light of the discovery of him being the holder of a Dominican Diplomatic Passport, alleging that he pledged allegiance to a foreign power – equating to citizenship.
But lawyers for Dr. Douglas, last week argued that the case should be thrown out on several grounds, including the fact that under Section 36. 4, the constitution did not allow for a second challenge to a member’s qualification to remain in the House.
Currently, a similar case is before the courts and that was brought by the Attorney General’s Chambers.
Lawyer for Dr. Douglas, Attorney Angelina Gracey Sookoo-Bobb explained that his Lordship, Justice Ward after hearing arguments last week, reserved his decision for today and laid it before both parties.
“…And after reading out what we considered to be a well deliberated and considered judgement, His Lordship agreed with Dr. Douglas’ legal team that Mr. Mills’ claim amounts to an abuse of the process of the court, having been filed one month after the Attorney General claims; and under the constitution, it does not allow for Mr. Mills to bring a second claim or in any way intervene in the Attorney General’s claim,” said Sookoo-Bobb.
The contentious matter surrounding Dr. Douglas’ eligibility to remain in the National Assembly and the Representative for Constituency Six came to light after a discovery that he holds and travelled on the document.
Dr. Douglas told SKNVibes news outside the courthouse before the decision was handed down that this case was a witch hunt and a “breach of privacy”.
“As I have said consistently, this is a matter that amounts to political harassment,” said Douglas. “ It is intended in my opinion to remove focus from the atrocity of the government in terms of their performance.”
Douglas’ lawyer pointed out that Justice Ward noted that his case was not in the public’s interest but was considered to be an “abuse of the process”.
The issue of cost has been reserved, and Dr. Douglas’ lawyers are to make submissions on whether or not Mills should pay the cost and how much he should pay.
