Basseterre, St.Kitts (Tuesday 14th September):-One of the last obstacles to Justice for the Hon Eugene Hamilton, elected Parliamentary Representative for the Constituency of St. Christopher 8, in his defamation action for aggravated and exemplary damages against Prime Minister Dr. Denzil Douglas and Mr. Cedric Liburd, was removed yesterday in the Court of Appeal of the Eastern Caribbean Supreme Court which is currently in session in St. Kitts this week.
Deputy Leader of the St.Kitts –Nevis opposition party the People's Action Movement, Mr. Eugene Hamilton has a long-standing legal action against the 2 Labour leaders, Dr. Douglas, and Mr. Liburd dating back some 17 years to November 1993.
“I have stood my ground and persevered and to date I have overcome every delaying tactic by which Dr. Douglas and my defeated election 2010 opponent Cedric Liburd have tried in their attempt to deny me Justice in the High Court,” Hamilton opined.
In 1992, Eugene Hamilton then General Manager of National Caribbean Insurance Company Ltd introduced by far the most successful initiative benefitting the civil servants of this country, since the abolition of personal income tax in 1980.
This was the Group Medical Insurance Scheme for thousands of civil servants. This is a free program of insurance guaranteeing free surgery, free diagnostic treatment, free medical consultation. The Labour Party was so frightened by the success of PAM’s magnificent initiative which far surpassed anything ever conceived by Social Security that they decided to initiate a consisten attack on the character of Hon. Hamilton through a series of defamatory statements and character assassinations in the broadcast and print media.
Mr. Hamilton’s case against Douglas and Liburd was due to be heard in 1995 when they indicated a Jury Trial. Years passed while they did nothing to implement procedures for a Jury Trial. Eugene Hamilton indicated that he welcomes and has never been afraid of a Jury Trial.
“I have never been afraid of a jury trial as I know that the charges levelled against me by Cedric and Douglas have absolutely no foundation and are grossly malicious,” said Hamilton. “ They have tried everything to avoid the case going to trial,” Hamilton continued.
The case was set to try in November of 2009at which time Liburd and Douglas through their counsel begged for and were granted an adjournment. The Judge set the case again to be tried in April of this year. They again begged for and were granted another adjournment. The Judge however then ruled that the words attributed to Dr. Douglas and Cedric Liburd against Hamilton were capable of the defamatory meanings which were pleaded.
Liburd and Douglas then applied for leave to appeal. Mr. Hamilton’s lawyers vigorously and staunchly resisted. The matter was then set down for Court of Appeal this week. Last Saturday Hamilton’s lawyer was advised that the Lawyers for Liburd and Douglas had informed the Court of Appeal their intentions to withdraw the applications for leave to appeal. Yesterday the Court of Appeal ordered them to pay costs for withdrawing the application which was filed since April.
Mr. Hamilton condemns the application for leave to appeal as a delaying tactic.
Mr. Hamilton said “ I have always been prepared to stay the course and place my confidence in a jury of my peers, Dr. Douglas and Cedric Liburd’s peers or whomever to deal with Denzil Douglas and Cedric Liburd for their continued and sustained malicious attack on my character. They want a jury? We say be careful what you ask for. “
Mr. Hamilton has been at the end of one of the most vicous and dirty campaigns ever waged against a politician in St.Kitts-Nevis election history. Hamilton not only had his character assassinated and defamed but he also suffered physical abuse as he was struck by a rock in his face thrown from nearby bushes by assailants believed to be agents of the labour party at a PAM meeting in Old Road.
Despite this unprecedented campaign and the airlift of thousands of people including nationals and non-nationals who were heavily concentrated in his constituency#8 as well as an overwhelming number of election irregularities and fraud that was orchestrated by the Labour Party, Hamilton was able to win his seat with the highest number of votes by any candidate in the 2010 Jan 25th Elections.
The trial has been set to take place before a jury in November of this year.
