Charlestown Nevis, November 28th, 2012 -- The Eastern Caribbean Court of Appeal convened in Basseterre, St Kitts today to consider the Application of Thomas Sharpe, QC and the Joseph Parry led Nevis Island Administration for permission to appeal to the Privy Council in England against the unanimous decision of the Court of Appeal delivered on 27th August, 2012 that the Commission of Inquiry set up by the Nevis Island Administration with Thomas Sharpe, QC as sole Commissioner was tainted with actual or apparent bias against Vance Amory and accordingly struck down.
Vance Amory who led the Nevis Island Administration for 14 years from 1992 to 2006 has consistently maintained that the Commission of Inquiry had been handpicked and filled with activists of his political adversary the Joseph Parry led Nevis Reformation Party. Allegations of a real apprehension of bias were raised against Commissioner Sharpe, his Junior Counsel, Jeffrey Nisbett, his secretary, Morrice Tyrell and his assistant secretary Myrna Liburd.
In the case of Mr Sharpe, his close ties to NRP activist James Gaskell were put in question and also his charaterization of the Inquiry as one into "corruption and maladministration" when no such mandate was
disclosed by the terms of reference of the Commission. He had also done free work for the Joseph Parry led Nevis Island Administration and had a pre-existing relationship with one Mr Yearwood another activist for the
NRP.
In the case of Junior Counsel Jeffrey Nisbett, he had once appeared on the NRP political platform in support of his nephew, Patrice Nisbett, a failed NRP candidate and now Attorney General in the Federal Government of
St. Kitts and Nevis. In the case of Commission secretary Morrice Tyrell, his vitriolic public opposition to Vance Amory and his writings on the worldwide web against Mr Amory were put in evidence.
In addition, he on behalf of the Commission, sent to Vance Amory before the start of the Commission a letter demanding that he hand over his personal bank records which could lead only to the inference that some corrupt dealing was being inferred against Mr Amory before a single shred of evidence was led. In the case of Commission's Assistant Secretary Myrna Liburd, she was and is a rabid activist for the NRP and an executive member of that political Party.
Vance Amory argued successfully before the Court of Appeal that the entire machinery of the Commission was tainted with bias whether real or apparent. The Court of Appeal struck down the Commission of Inquiry and ordered the Commissioner and the NRP led Nevis Island Administration to pay costs to Mr Amory. Costs have been calculated at over EC$500,000. It is against that decision that permission to appeal was sought today.
The Court of Appeal today unanimously rejected the application for permission to appeal to the Privy Council on the basis that the law in this area was very well settled and absolutely no question of public importance arose or any constitutional question which was unsettled. The matter was scheduled to have been dealt with on Monday 26th November, 2012 but when the matter was called up, the lawyers for the Commission and the Nevis
Government begged for an adjournment indicating that they were not ready as lead Counsel Sir Richard Cheltenham, QC was unable to fly to St Kitts for the hearing.
The Court allowed Junior Counsel Jeffrey Nisbett until the end of Monday to file submissions and to return this morning to argue the matter. Mr. Nisbett filed submissions on Monday as directed then filed this morning additional submissions under the hand of Cheltenham, QC which abandoned some earlier arguments advanced. Despite the efforts of Mr Nisbett, the Court of Appeal indicated that it was unmoved by the arguments
and unanimously refused leave. It made no order as to costs.
Mr Amory has indicated that he is relieved by this decision which constitutes yet another crushing blow to Joseph Parry and his NRP who have sought to use this Commission of Inquiry stacked with political party
activists to sully the reputation of Mr Amory. Mr Amory expresses the hope that the message from the Court of Appeal is now clear. This Commission of Inquiry is tainted with bias and cannot proceed.
The people of Nevis can now look forward to an end of the colossal waste of taxpayer funds and the continued efforts of divisiveness wrought by Joseph Parry and the NRP through this ill advised and now destroyed Commission of Inquiry.
Mr. Amory was represented by Dane Hamilton, QC and Mark Brantley while the the Court today comprised Madam Justice Blenham, President and Justices of Appeal Mario Michel and Tyrone Chong. A differently constituted Court of Appeal delivered the decision of the Court of Appeal on 27th August comprising Madam Justice Edwards, President and Justices of Appeal Pereira and Baptiste.
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