BASSETERRE, St. Kitts – WHILE they were not granted injunctive relief, Members of Parliament the Hon. Shawn Richards and the Hon. Sam Condor would have their substantive matter heard before the court next Thursday (Feb. 14).
Both MPs filed the application on Friday last (Feb. 1) requesting that the Court restrain newly-appointed Attorney General Jason Hamilton from performing the duties of Senator in the Federal Parliament and preventing the defendants in the matter from acting upon the recently-passed Senators (Increasing of Number) 2012 Bill.
The claimants’ late receipt of documents from the Court resulted in the ex parte injunction hearing – which they sought - not taking place. This, as explained by a member of the claimant’s legal team, Constance Mitcham, meant that the defendants’ legal team did not get the benefit of perusing said documents.
She however explained that a decision was taken for the originating motion to be expeditiously heard and the date was set for February 14.
“What happened here today is instead of proceeding with an ex parte injunction, the judge said since we had also filed a certificate of urgency, we can abandon (that) application and move directly to the main action of the originating motion.”
The declaration which the claimants are asking the Court to make include that the appointment of Jason Hamilton was as a fourth Senator when the Constitution only allows for three, and that the Speaker of the National Assembly erred in swearing-in Hamilton as a Senator in the middle of the debate of the Senators Increase Bill.
They would also be asking the Court to declare that because Hamilton was improperly sworn in to the House, his part in the passage of the Senators Increase Bill nullifies its passage.
As it stands, there is no injunction preventing the defendants from acting upon the Senators Increase Bill.
Yesterday’s proceedings took place in chambers and were presided over by Justice John Benjamin, Nevis’ Resident Judge.
