BASSETERRE, St. Kitts – TENSIONS over the contentious constituency boundaries case between the Government and the opposition People’s Action Movement (PAM) party are expected to soon be relieved, as a ruling in the matter should be announced early next week.
Well-placed sources have informed SKNVibes that Justice His Lordship Errol Thomas, the third judge presiding over the case, is expected to arrive on the island shortly and would deliver his ruling in the substantive matters this Monday (Oct. 19).
The ruling has been long awaited in the case, which has seen a number of court applications and cross-applications, including an injunction to bar the Supervisor of Elections and the Electoral Commission from holding general elections under recommended boundary changes proposed by the Constituency Boundaries Commission.
The High Court also ruled that Attorney-General Hon. Dr. Dennis Merchant was guilty of contempt of court charges, a ruling the Government has appealed.
While Monday’s ruling is hoped to bring some closure to the Court proceedings launched in early July, lawyers representing both parties have indicated a possibility for further appeals if a favourable ruling in the matter is not granted.
Concerns have been widely raised regarding the delay of the general elections, which are constitutionally due on March 16, 2010.
Constance Mitcham, legal counsel representing the PAM in this matter, told SKNVibes that there are special provisions for parties to appeal in the face of the ruling, adding that the next step heavily depends on the ruling.
“If we [PAM] lose in this case, we could ask for a stay of execution, which means we could ask the Court for the injunction to continue so that we could appeal. The government could do the same thing if they lose; they could ask for the judgement to be suspended until they too have time to appeal,” she said.
The next sitting of the Court of Appeal is due to be in St. Kitts on November 2, but according to Mitcham it may be too close for an appeal of such a nature to be made.
“The sitting of the Court of Appeal is so close [November 2]. It is unlikely that any appeal to the judgement in this particular case would be heard in this sitting. Plus, there are no further sittings scheduled for the rest of the year; no fixtures have been made for the Court of Appeal next year,” she added.
While she is not certain that the Court would grant these requests for appeal, Mitcham said the Court of Appeal may have a special sitting if the matter is considered to be urgent.
Meanwhile, former Speaker of the National Assembly Marcella Liburd informed that Parliament would stand automatically dissolved on December 16, which is the fifth anniversary of the first sitting of the Parliament following the 2004 General Elections.
She explained, however, that Cabinet will still function until the first sitting of the Parliament after elections.
“Cabinet still functions and the offices of the ministers, including [that of] the Prime Minister, become vacant only if at the first meeting of the National Assembly after the dissolution of Parliament that person is no longer a representative,” she explained, making reference to Section 52 of the Constitution.
