BASSETERRE, St. Kitts – MIXED emotions filled the Basseterre High Court this evening (Dec. 7) as presiding judge His Lordship Justice Francis Belle imposed an injunction against the further work of the Constituency Boundaries Commission (CBC).
In a court hearing this afternoon, lead counsel representing the government in ongoing CBC case Dr. Henry Browne opened his presentation by informing the court that he had been advised to withdraw an undertaking his side had given last week.
The undertaking, given at the beginning of these proceedings, stated that the government would do nothing that would render the application for judicial review brought by Hon. Mark Brantley, leader of the Opposition and parliamentary representative of the Concerned Citizen’s Movement, and Hon. Shawn Richards, lone parliamentarian for the People’s Action Movement, invalid.
Another lawyer representing the government, Sylvester Anthony, explained that it had been understood that along with the undertaking by the government’s side, claimants Brantley and Richards would also ensure that the matter be dealt with expeditiously.
“It is now 14 days since the proceedings commenced and every single day there are new applications and we revisit the same issues over and over again. Our clients were of the view that they could not continue to operate in a position where they felt that their hands were tied behind their back. So, our instructions were to withdraw the undertakings,” Anthony asserted in a brief interview with the press following the court hearing.
In immediate response, presiding judge His Lordship Justice Francis Belle ordered that an injunction be imposed to maintain the status quo until the matter is resolved. The injunction restrained any further proceedings of the CBC and specifically ordered that the Governor-General, Speaker of the National Assembly, Prime Minister Hon. Dr. Denzil Douglas and Attorney-General do not sign any report emanating from the CBC or act upon any such report.
Justice Belle also ordered the Electoral Commission and Supervisor of Elections not hold any elections on new constituency boundaries based on any report emanating from the CBC until the matter is dealt with.
Within seconds of Dr. Browne’s notice to the court, another lawyer representing the government informed the Court that his side would be requesting that Justice Belle recuse himself from the case, adding that the application was being prepared.
Lawyers representing the government had initially informed the Registrar that for any matter regarding boundary changes, they would prefer if Belle did not preside. At that time, Belle refused to do so, calling the reasons for his recusal “laughable”.
Anthony explained, “The clients [the government] are of the view that they cannot continue in the manner in which we are proceeding. Events of the last few days have caused our clients to renew that application.”
Justice Belle made it clear that he will not hear any arguments regarding his recusal until the order has been signed and served to all parties.
In an interview with the press, Constance Mitcham, lead counsel representing Brantley and Richards, said she is “not surprised” by what had transpired, indicating that she had earlier heard that the matter was likely to finish today. She expressed her satisfaction that the injunction was imposed to maintain the status quo so the matter could be dealt with.
“The last time the PM rode roughshod over the court’s injunction and so, naturally, we cannot trust them and have asked for an injunction. But, I think they didn’t like the idea that they would have been forced into anything so they willingly gave up the undertaking,” she said.
Mitcham said she hopes the injunction would be upheld and acknowledged by all parties, firmly stating that if it is not “this time somebody should go to jail”.
Meanwhile, an application for full disclosure of audiotapes and transcripts of all CBC meetings had been filed this afternoon, after a series of “apparent inconsistencies” had been cited by the claimants in minutes provided to them. Counsel for the government informed the Court that a response to the new application would be made within seven days.
Court proceedings in this matter have thus been adjourned until next Monday (Dec. 14). On that date, the respondents will make their arguments regarding the new application and the Justice Belle will hear the arguments for recusal.
The hearing is set two days before the dissolution of National Parliament on December 16, which marks the fifth anniversary of its first sitting.
