BASSETERRE, St. Kitts –THE two opposition parliamentarians in the constitutional matter brought against the Constituency Boundaries Commission (CBC) have fallen subject to accusations of deliberate delay tactics as today’s (Dec. 2) hearing has seen two adjournments totalling about four hours.
Leader of the Opposition and parliamentary representative of the Concerned Citizen’s Movement (CCM), Hon. Mark Brantley and Hon. Shawn Richards, parliamentarian for the People’s Action Movement (PAM), returned to court today as both parliamentarians sought judicial review of work and composition of the CBC.
The hearing comes three weeks after the resignation of two CBC members, Hon. Vance Amory and Senator Michael Perkins, both CCM politicians, which has caused concern about the composition of the constitutionally appointed commission.
Counsel representing the two opposition MP’s, Mia Mottley QC requested a two-hour adjournment this morning to allow her team to review the minutes of the CBC that were argued for yesterday and submitted late last night.
This morning she repeated her arguments requesting tape recordings of the CBC’s meeting, noting this time that Perkins had a number of concerns with apparent inconsistencies in the minutes. She said she feels “handicapped” in conducting the matter without having carefully read the minutes and without the transcript or tape recordings.
Senior Counsel Anthony Astaphan said the minutes were the official records of the Commission and pointed out that of the six CBC meetings, Perkins attended only one. However, resident judge His Lordship Justice Francis Belle allowed the two-hour adjournment.
Another two-hour adjournment was granted in the afternoon session as Mottley argued that from reviewing some of the minutes there were apparent inconsistencies and fabrications. She informed the Court that her team wishes to apply for leave to amend the original pleaded grounds, which would be presented to Court at 3:00 this afternoon.
While lawyers for both sides were reluctant to comment on the details of the case, the claimants have been accused of delaying the matter.
SKNVibes contacted government lawyer Sylvester Anthony, who was sharp with his criticism of Brantley and Richards.
“It is very clear the only intention of the People’s Action Movement and the plaintiffs in this matter is to delay it until December 16. That is the clearest of intentions there and no amount of sophistry can change that. We need to wait for the application and see what it is about, but it is very clear; I am at least very convinced that this is clear delay,” he asserted.
Local lawyer on the team representing the two opposition members, Constance Mitcham told SKNVibes that lawyers representing the government insist December 16 is of “some urgent matter to them”. She explained that the date has no relevance to the case, deeming it “a typical case of irrelevant consideration”.
“There is nothing in the Constitution that puts a deadline on the CBC for giving any report. There is nothing that says they have to give a report before General Elections. So we don’t understand what the rush is. That is actually one of the grounds in our case—that the CBC is taking into account irrelevant considerations.
“From the last case, Justice Thomas said that the CBC is a permanent commission set up under the Constitution and that their work is ongoing, so there is nothing in it about having to consider anything about elections,” she emphasized.
December 16 is the date on which the National Parliament will be automatically dissolved according to the provisions of the Constitution unless it is done earlier by the Prime Minister.
There have been rumours that the CBC aims to recommend new changes to the constituency boundaries of the Federation before the dissolution of Parliament. Court proceedings in the matter continue at 3:00 P.M.
