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Posted: Thursday 7 February, 2013 at 9:33 PM

Injunction application to be heard tomorrow

Hons. Shawn Richards (L) and Sam Condor
By: Terresa McCall, SKNVibes.com

    BASSETERRE, St. Kitts – THE application for injunctive relief filed by Parliamentarians the Hon. Shawn Richards and the Hon. Sam Condor to prohibit Attorney-General Jason Hamilton from performing senatorial duties in the Parliament and also to prohibit the execution of the Senators Increase Bill, is slated to be heard tomorrow at the Basseterre High Court of Justice.

     

    The application was filed last Friday (Feb. 1) by the Parliamentarians – the former of the Opposition Benches and the latter of the Government’s - with both hoping for an expeditious disposal of the matter.

     

    As confirmed by a member of the men’s counsel team, the case is slated for 2:00 p.m. and would not be heard by St. Kitts’s Resident Judge His Lordship Justice Errol Thomas, but rather by Nevis’ Resident Judge His Lordship John Benjamin.

     

    Speaking with WINN FM today (Feb. 7), Richards indicated that he believes Thomas had recused himself from the matter.

     

    Background Information

     

    Shortly before January 29, it was announced that Jason Hamilton was sworn in as the Federation’s Attorney-General and, on that day, he participated in the proceedings at the National Assembly as a Senator.

     

    That sitting was a continuation from a previous session during which the Senators (Increasing of Number) 2012 Bill was being debated. And with the House divided 7-7, the Bill was allowed to pass with Hamilton’s vote being the tie-breaker.

     

    A number of Parliamentarians posed objection to this – inclusive of Condor and Richards – but their complaints were discarded by the Speaker of the Assembly, the Hon. Curtis Martin, who had ruled that because of his Instrument of Appointment Hamilton was accorded all rights and privileges of a Parliamentarian.

     

    SKNVibes understands that Richards and Condor would be also asking the Court to make certain declarations, including the illegality of the appointment of Hamilton as a Senator of the House and that because of his illegal appointment the Senators (Increasing of Number) 2012 Bill was illegally passed and is therefore null and void.

     

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