BASSETERRE, St. Kitts – LEADER OF THE OPPOSITION the Rt. Hon. Dr. Denzil Douglas was yesterday (Feb. 20) victorious in the case brought against him over his possession and multiple use of a Commonwealth of Dominica-issued diplomatic passport.
The Attorney General, Hon. Vincent Byron Jr., had brought the case against Dr. Douglas to have him disqualified as an elected Member of Parliament for which Prime Minister Dr. the Hon. Timothy Harris had said is an act of disloyalty to the twin-island Federation of St. Kitts and Nevis.
Douglas’ proposed disqualification was also on the grounds that he had breached the National Assembly Elections (Amendment) Act of 2009, which states that “a person shall not be qualified to be elected or appointed as a member if he is by virtue of his own act under any acknowledgment of allegiance, obedience or adherence to a foreign power or state”.
Last month, both AG Byron and Dr. Douglas had predicted victory, but yesterday the former Prime Minister was vindicated when His Lordship Justice Trevor Ward, Q.C., dismissed the case at the Basseterre High Court.
In continuance of the historic case on Thursday (Jan. 10), legal representatives for the litigants had again appeared in the High Court, where both sides presented their arguments.
However, both sides had to present their written submissions on Friday (Jan. 25), based on evidence presented at the last hearing, after which the legal representatives had respond, if necessary, before Justice Ward could have passed judgement.
The Government’s team was led by Senior Counsel Douglas Mendes, who, in January, argued that by using the Commonwealth of Dominica diplomatic passport, it is an acknowledgment of allegiance since there is the presumption that Dr. Douglas was afforded protection by that country.
But, in response, head of the respond’s legal team, Senior Counsel Anthony Astaphan, had disagreed with that line of argument and was adamant that his client had never declared himself to be a citizen of Dominica.
Astaphan also stated that documentation had revealed that whenever his client travelled, departed or landed or arrived, he had declared his citizenship to be St. Kitts and Nevis.
Following his summation yesterday afternoon, Justice Ward said, “I find that the defendant obtained the diplomatic passport solely as a gesture of political and professional courtesy extended to him in his capacity as former Prime Minister. I further hold that under Dominican law the voluntary act of acquiring and using a diplomatic passport by a non-citizen does not place the holder under an acknowledgment of allegiance, or adherence, or obedience to Dominica within the meaning of Section 28 (1)(a), as this is not an act that manifests the conscious exercise of the defendant’s will, acknowledging the obligation of fidelity and obedience to the Commonwealth of Dominica.”
Attorney-at-Law Sylvester Anthony, who was also on Douglas’ legal team of representatives, told reporters that they were confident of victory as the matter was never about law but politics.
Meanwhile, Dr. Douglas was not in court when Justice Ward dismissed the case against him; he was out of the Federation. But on his arrival later yesterday, he had offered his comments on the ruling.
“Today’s ruling has been handed down resoundingly in my favour. His Lordship Justice Trevor Ward Q.C. has ruled specifically that a diplomatic passport issued to me by the Government of Dominica as professional courtesy does not in any way offend the Constitution of St. Kitts and Nevis. I feel a deep sense of vindication upon the judgment of the Court.”
The former Prime Minister expressed his gratitude to his legal team and all those who had supported and advised him, as well as his constituents.
“I would like to thank my legal team, Mr. Anthony Sylvester, Mrs. Agelina Sookoo-Bobb, Anthony Astaphan SC and Delano Bart QC for their excellent representation. I would also like to thank all who have lent their support and advice throughout these proceedings; most especially my dear constituents of St. Christopher Six, who never wavered in their confidence in me. I thank my fellow citizens for your support and for your solidarity.”
Dr. Douglas said that he considered Justice Ward’s ruling not just a victory for himself as the respondent in the case, “but also a victory for all of us because of the far-reaching implications that this case has for democracy and good governance in our Federation of St. Kitts and Nevis”.
“His Lordship, in his ruling, has acknowledged that the holding of a diplomatic passport does not call into question my loyalty or allegiance to my beloved country and the people whom I represent,” he stressed. “My loyalty to my country has always been paramount when taking decisions that would allow me to best execute my duties in my capacity as Leader of Her Majesty’s Loyal Opposition and as four-term former Prime Minister of St. Kitts and Nevis.”
Following the verdict, AG Byron had reportedly said that he was disappointed in the decision but would respect it, and noted that an appeal might be possible.
