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Posted: Monday 31 August, 2009 at 4:07 PM

Appeals in boundaries case highly likely

By: VonDez Phipps, SKNVibes
    BASSETERRE, St. Kitts – AS the Government and the opposition party People’s Action Movement (PAM) await the ruling of the contentious constituency boundaries case, both parties have indicated that legal appeals may follow the High Court ruling that is expected in mid-September.
     
    The legal proceedings were brought against the Government by PAM began with a Court order on July 1 prohibiting the use of a report from the Constituency Boundaries Commission that proposed a number of changes to the Federation’s constituency boundaries. Final arguments in the case were presented on August 21.
     
    Both sides are to present written arguments by the end of tomorrow (Aug. 31) and will then await the ruling, which may take up to three weeks.
     
    Many have aired concerns of the delay that the court proceedings have caused in calling the next General Elections. However, recent statements made by officials from both parties indicate that there may be an even greater delay due to appeals that could immediately follow if the High Court ruling is not favourable for either party.
     
    Prime Minister Hon. Dr. Denzil Douglas expressed his confidence that the government’s case in the hearings is “very strong and sound as from the beginning”, but also noted that his government’s legal team would advise him accordingly if the ruling is not in the government’s favour.
     
    “It is very difficult for me to say here that we will just appeal. It is a Cabinet position; it’s a legal team that’s advising the government, and there is the Attorney-General who still has to take all those matters into consideration and advise the government through the Cabinet how to proceed,” Douglas stated.
     
    PAM Deputy Leader and the claimant in the court case, Hon. Shawn Richards, also worded some measure of confidence that his party’s arguments are “sound and have a good basis within the law”. He did, however, add that if the ruling is not favourable to his party, consideration may be made to appeal.
     
    “We would look at the judgement that is handed down and based on that, the lawyers would make analysis to see if there is room and grounds for an appeal. We would want to make a determination as to whether or not we would want to do that,” explained Richards.
     
    The electorate stands patient as the outcome of the case may have widespread implications for all party supporters.
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