BASSETERRE, St. Kitts – A ruling handed down at the Basseterre High Court of Justice earlier today (Feb. 28) has nullified the appointment of Jason Hamilton both as Attorney-General and as the fourth Senator of the Federation’s National Assembly.
Members of Parliament the Hon. Shawn K. Richards and the Hon. Sam T. Condor initiated the constitutional motion asking the Court to declare that – among other things – the senatorial appointment of Hamilton was in contravention of the Constitution and therefore invalid.
The judgment was made by His Lordship Justice John Benjamin – Nevis’ Resident Judge – before members of the public and at least two of the named defendants.
Justice Benjamin Q.C. made three declarations in his ruling which are:
1. That The appointment of a 4th senator by the Governor General on the advice of the Prime Minister or whosoever is in contravention of the provisions of section 26 (1) or (2) of the Constitution and as such, the said appointment is null, void and of no effect.
2. That the appointment of the 4th named Respondent (Hamilton) as a Senator is contrary to section 26 (1) and (2) of the Constitution and is invalid, null and void and of no effect.
3. That the appointment of the 4th named Respondent as Attorney General is contrary to section 52 (4) of the Constitution and is invalid, null and void and of no effect.”
Justice’s Benjamin’s oral delivery of the judgment however made no mention of the Senators (Increasing of Number) 2012 Bill. The Bill – passed only a month ago – would have not been passed if it were not for Hamilton’s vote. With an 8-7 division, the Bill was passed into law.
Constance Mitcham – lead counsel for the claimants in the case – told reporters following the delivery of the judgment that while she has yet to peruse and digest the judgment, “As far as I am concerned, if the appointment is invalid and he is invalid, then whatever he did in Parliament is invalid.”
On the contrary, Sylvester Anthony – who also indicated that he had yet to read the judgment - suggested that while the appointment of Hamilton as Senator and Attorney General was nullified and void, the Court made no order that the striking out of the Senators Increase Bill.
This publication would seek further interview with both attorneys to ascertain their interpretation of the judgment following their perusal of the document.
