BASSETERRE, St. Kitts – AN appeal hearing in the contempt of Court case that found Attorney-General Hon. Dr. Dennis Merchant guilty has been scheduled for Monday, November 2.
Merchant, who has been AG for the last three years, was censured and reprimanded by the Basseterre High Court on August 7.
The charges against Merchant stemmed from a July 2 injunction filed by the opposition party People’s Action Movment (PAM), which barred the AG from “making use” of the report compiled by the Constituency Boundaries Commission that outlined new electoral boundaries for St. Kitts.
The ruling against Merchant was handed down by Her Ladyship Justice Rita Joseph-Olivetti and immediately triggered calls by the Leader of the Opposition, Hon. Mark Brantley, and PAM Leader Lindsay Grant for the AG to resign.
Legal counsel for the government moved speedily to appeal the ruling, as it bears serious implications for Merchant’s professional career. The AG therefore filed a Certificate of Urgency in the matter, and last Tuesday (Sep. 22) the Eastern Caribbean Supreme Court of Appeal recommended that the appeal case be heard on October 8 in St. Vincent.
PAM lawyers stated their concerns with the recommendation, and subsequently filed an objection that the matter was not urgent and there was no need to fly to St. Vincent.
Lead Counsel for PAM Constance Mitchum explained that her party would not have been able to make the hearing, adding that it would be “unnecessary and expensive” to travel to St. Vincent when the Court of Appeal is scheduled to be in St. Kitts in the first week of November.
“I want to make it clear that this appeal hearing does not affect the boundaries case. The real reason why the AG is appealing is that the ruling is bringing the office of the AG into disrepute. But if he is really concerned about this, then he should resign. If he is exonerated then he can be reappointed,” Mitchum argued.
The public should continue to call for the AG’s resignation, according to Mitchum. She maintained that as the chief legal adviser to the government, he must not be found guilty of “breaking the law”.
On its assigned date, the case is to be heard at 9:00 AM at the Basseterre High Court.
