BASSETERRE, St. Kitts – LESS than two months after the Nevis Election Petition Appeal case was heard, the presiding Justices of Appeal of the Eastern Court Supreme Court will be handing down their decision tomorrow (August 27) via teleconference.
The appeal case – which lasted all of two days – followed a case heard at the Nevis Circuit Court by the Concerned Citizens Movement (CCM) on the grounds that 200-plus voters were disenfranchised due to their names being illegally removed from the Voters’ List shortly before the election took place in July 2011.
Justice Lionel Jones presided over the High Court case and found that the election of Hensley Daniel of the Nevis Reformation Party (St. John’s Constituency) was null and void. Daniel (Deputy Premier of the Nevis Island Administration) edged out his opponent – the CCM’s Mark Brantley – by 14 votes.
The effect then was that the NRP – having won three of the five seats – was sworn in run the affairs of Nevis.
In forwarding their appeal, members of the NRP suggested that Justice Jones erred in concluding that there were gross irregularities which led to mass disenfranchisement.
The Justices of Appeal – Janice Pereira (now President of the ESCS), Davidson Baptiste and Donaldson Mitchell reserved their decision at the end of the July 2012 appeal’s case, and it was recently confirmed to this publication that the decision would be rendered tomorrow.
It was suggested to SKNVibes that the decision would not be read in open court but rather in chambers before representatives of the different parties involved.
Many view this matter as one of precedence as a decision, whether upholding or overturning the decision of the lower court will have far-reaching ramifications on the Federation and the region.
The Appellate Court’s decision could result in the need for a by-election or it can confirm the right of the NRP to remain in office.
