BASSETERRE, St. Kitts – SOME closure was brought to the preliminary court hearings of the two opposition Parliamentarians, as resident judge His Lordship Justice Francis Belle ruled yesterday (Nov. 27) that leave for judicial review would be granted without issuing the requested injunction.
This leave was formally requested on Tuesday (Nov. 24) by Leader of the Opposition and Parliamentary Representative of the Concerned Citizens Movement (CCM) Hon. Mark Brantley along with Parliamentary Representative of the People’s Action Movement (PAM) Hon. Shawn Richards.
Concerns were raised about the function and composition of the Constituency Boundaries Commission, a body constitutionally mandated to review the number and delimitations of the Federations constituency boundaries, after last week’s resignation of two members. To this end, both members of Parliament applied to seek an interim injunction to restrain the work of the CBC and to prohibit the use of any report emanating from that body.
During yesterday’s ruling, Justice Belle repeatedly stated that he would be mindful of the importance of the matter and that the Court would seek to address the issue expeditiously. Belle said though he was not inclined to grant any injunction to constrain the work of the CBC, he did give both Parliamentarians the green light to apply for judicial review of the work of the CBC.
Justice Belle admonished the government’s lawyers to give an undertaking that nothing should be said or done in Parliament which would render the claimants’ application invalid. At the same time, the claimants were asked to keep the matter under a tab of urgency.
“The Court will not grant injunctions unless they are absolutely necessary...If the status quo is breached and would render the proceedings nugatory, then everything changes and the coercive powers of the Court will be exercised,” Justice Belle cautioned, adding that the Court would do all in its power to avoid rehashing old and tried issues.
The ruling, not entirely favourable for either side, was celebrated in part by both parties.
Sylvester Anthony, one of the lawyers representing the respondents, told the press that he was very grateful that the injunction was not granted, and explained that the leave for judicial review was a “normal routine process”.
“We are very pleased today that his Lordship Justice Belle did not grant the injunctions that were sought by Hon. Shawn Richards of the People’s Action Movement (PAM) and the Hon. Mark Brantley of the Concerned Citizens Movement in their joint application that they made for leave to apply for a judicial review. That, I think, was the single most achievement today,” Anthony quoted in a press release issued by CUOPM.
Lead counsel for Brantley and Richards, Constance Mitcham also welcomed the ruling as she explained that the undertaking made by the government’s team works like an injunction, as nothing should be done that would cause the application to become invalid.
“We are very happy that we have achieved our goal; we have won our application for judicial review and we can now go forward with this matter. I’m sure we heard the admonishment to the other side about the undertaking that they should do nothing to render the applicant’s case nugatory” Mitcham noted.
The court proceedings continue next Tuesday (Nov. 1), some 15 days before the Federal Parliament will be automatically dissolved. Queen’s Counsel Mia Mottley is expected to arrive on island to argue on behalf of Brantley and Richards.
