CHARLESTOWN, Nevis – JUSTICE Ianthea Leigertwood-Octave has set September 24 as the day for the hearing of substantive matters relevant to the case filed by former Premier of Nevis Vance Amory against the Sharpe Commission of Inquiry (COI).
The Judge set the date after a meeting in chambers yesterday (Sept. 10) with counsels for Amory, the Nevis Island Administration (NIA) and the Attorney-General.
Counsel for the former Premier, Dane Hamilton QC, said his team came prepared to deal with the application for leave to proceed with the substantive arguments, but was notified by the Counsel to the Commission, Sir Richard Cheltenham, that there would be no opposition.
“We had no difficulty with that except that we considered the time given to deal with the substantive argument was not satisfactory,” Hamilton said.
“That time would have been tomorrow (Friday), and we needed to cross-exam Thomas Sharpe, so we have obtained the necessary leave.”
Sir Richard told reporters that they are hoping to have Sharpe available for cross examination by way of a visual-audio link on September 24.
He said that counsel for all parties have agreed they would move directly to the substantive issues in the case the next time they meet “without prejudice to any party dealing with issues that would normally arise at the leave stage”. He said the move is likely to save considerable time.
Sir Richard added that it is still his team’s position that all of the leave stage points can be taken at the substantive hearing, which is what they have proposed to be done.
He explained that the leave application before the court would normally be done in two stages.
“At the first stage, the claimant had to satisfy the court that there was an arguable case with a strong prospect of success, and that he [the claimant] would not be frustrated by any delay in bringing the matter, since a continuation of the matter and conceding to his request might prejudice the rights of third parties and could be detrimental to good administration.”
The Inquiry was established by the NIA to investigate circumstances that surrounded several transactions of Government under the Vance Amory-led Concerned Citizens Movement, which last held office in 2006.
Proceedings were halted on July 22 after an application seeking a temporary injunction against the Commission was filed by Amory.
The application came two days after the start of the Inquiry, and one day before Amory was scheduled to testify.
