BASSETERRE, St. Kitts – AFTER an unanticipated turn of events that halted the commencement of the April 2010 Criminal Assizes in Nevis, the session is expected to get underway this morning (April 14) without interruption.
Yesterday (Apr. 13), as SKNVibes understands, the session was brought to a standstill after a defence lawyer noticed an error was made regarding the court’s gazetted commencement notice.
This media house understands that at the start of each assizes, such notice has to be read if the court is to be in order. The error, according to information reaching this media house, was recognised by Barrister-at-Law Chesley Hamilton who, after the notice was read, pointed out to the court that it was drafted in accordance with or made reference to the Laws of 1961.
The problem which presents itself, he explained, is that an official gazette was released in March of this year declaring the recently-launched Revised Edition of Laws of St. Christopher and Nevis 2002 the authoritative edition of the Laws of the land, thereby nullifying the Laws of 1961. And by extension, that gazetted commencement notice is null and void.
The gazette, dated Wednesday, March 10 2010, states, “The Revised Edition of Laws of St. Christopher and Nevis shall be the authoritative edition and the sole and proper laws of Saint Christopher and Nevis respect of all written laws contained in the Revised Edition with effect from the 23rd day of May 2010.
“The Revised Edition of Laws of Saint Christopher and Nevis shall not be held to operate as new laws, but shall be construed and have effect as a consolidation and as declaratory of the written laws that have been revised and published therein and shall not be construed as a legislative endorsement of any judicial interpretation of a pre-existing law.”
SKNVibes understands that the presiding judge, Her Ladyship Justice Ianthea Leigertwood-Octave, adjourned the session and an “extra ordinary” gazette is to be drafted in time for the commencement of today’s sitting.
