BASSETERRE, St. Kitts – AFTER suspending the verdict for a week, Her Ladyship Justice Rita Joseph-Olivetti ruled earlier today (Aug. 7) that the second injunction filed by opposition party members Hon. Shawn Richards and Lindsay Grant still stands until the substantive matters are dealt with.
Counsel for the Attorney-General Hon. Dr. Dennis Merchant had filed an application to strike out a July 8 injunction that was granted by the then presiding judge, His Lordship Justice Francis Belle. The injunction prohibited the Electoral Commission and the Supervisor of Elections from acting upon any boundary changes proposed in a report by the Constituency Boundaries Commission (CBC).
The matter was dealt with by Her Ladyship Justice Rita Joseph-Olivetti last Friday (Jul. 31) in a lengthy, in-chambers hearing.
Counsel for the opposition party People’s Action Movement (PAM) Constance Mitchum argued that if the application is struck out, it would deprive both sides of the opportunity for their full arguments to be heard. Conversely, counsel for the AG Sylvester Anthony argued that once the proclamation is signed, the Constitution precludes the Court from looking into it.
Today’s ruling came as good news to the PAM team, as Mitcham stated they would now be able to continue the case.
“In relation to the application to strike out the second injunction, we were also very successful with that. The Court has determined that the injunction will continue in the terms laid by His Lordship on the morning of July 8,” Micham said.
When asked about the court proceedings hereafter, Mitcham told the press, “We are looking at case management matters that can take us into next week and, therefore, we are hoping that sometime shortly after that we could have another judge assigned to hear the main matter which is the judicial review of the Constituency Boundaries Commission report.”
Counsel for the AG, Dr. Henry Browne, did not speak much on the matter, but did confirm that the second injunction has a “longer life” and would be dealt with when the substantive matter first comes before the Court on August 10.
