CHARLESTOWN, Nevis – THE case brought by former Premier of Nevis Vance Amory against Thomas Sharpe and the Commission of Inquiry (COI), established by the Nevis Island Administration (NIA), was today (Oct. 21) dismissed by Justice Ianthea Leigertwood-Octave in the High Court in Charlestown.
Justice Leigertwood-Octave made the ruling after saying that the claimant could not succeed in any aspect of the case brought before the court. She also dismissed the claims for costs by all parties.
Amory had sought to have the COI deemed illegal and contrary to the Commission Act as well as tainted with bias against him.
The former Premier claimed the Instrument appointing the Commissioner did not comply with the requirement of the amended Constitution of Inquiry Act of 1996. He said the Act requires the Instrument to be signed by the Minister Responsible for Inquires, who is the Prime Minister, but it was signed by Premier Joseph Parry as the Minister Responsible for Commissions.
However, Justice Leigertwood-Octave ruled that the critical signature on the Instrument was that of the Governor General, and that was very much present.
The Leader of the opposition Concerned Citizens Movement (CCM) had also claimed bias against Sharp, counsel to the Commission Jeffrey Nisbett, Secretary to the Commission Morrice Tyrell, and Assistant Secretary to the Commission Myrna Liburd.
Amory identified Nisbett as the uncle and former employer of the Legal Advisor to the current NIA, Patrice Nisbett, and an active politician and candidate for the ruling Nevis Reformation Party (NRP). He identified Tyrell as a well-known activist for the NRP and “an especially vitriolic opponent of both myself and the CCM”, while Liburd, he said, is an executive member of the NRP and a fierce opponent of the CCM.
As it relates to Sharpe, Amory pointed to his friendship with James Gaskell, a known critic of the CCM, as additional grounds for bias and noted that he is a former employee of the current NIA.
Justice Leigertwood-Octave said she did not find actual bias in the presentation by the claimant, but the claim was based on perceived bias.
Concerning Gaskell, Her Worship said it would seem bias would be alleged on the basis of association. She also said it was difficult on the basis of association that Sharpe would be bias, adding there was just no evidence.
The judge also said that the claimant failed on satisfying the tests as it relates to bias against Nisbett, Tyrell and Liburd.
Amory had also questioned the suitability of Sharpe for the position of Commissioner, saying the Queen’s Counsel from England had no prior experience in that role.
Her Worship however said that there is no statutory requirement for having prior experience and she could not see how he is any less qualified than anyone else who might have been chosen.
The COI was appointed by the NRP-led NIA to investigate transactions conducted under the former CCM Administration between 1996 and 2006. These transactions include acquisition of the Marion Heights Shopping Mall, work done at the Vance Amory International Airport and land transactions at Hamilton and Pinneys.
The COI was launched on May 19, 2009 but was halted on July 22 after Amory secured an injunction.
