Application to strike out substantive motion set for July, 2013
BASSETERRE, St. Kitts – THE application for injunctive relief which was being sought by the six Members of the Federal Parliament to debar that body from furthering its legislative agenda before the Motion of No Confidence (MoNC) is tabled has been withdrawn. And the hearing of applications to strike out the substantive matter has been scheduled to early July 2013.
Counsel for the six claimants (Hons. Mark Brantley, Vance Amory, Dr. Timothy Harris, Sam Condor, Eugene Hamilton and Shawn Richards) and those for the 10 defendants, appeared before the Court today (April 18) where the injunction application was to have been heard.
However, the session turned into one of case management as a number of relative matters were before the Court. There are the application for injunctive relief filed by the claimants, applications to strike out the request for injunctive relief filed by the defendants and the claimants’ originating motion, which is asking the Court to make certain declarations including that the Speaker of the House should have the MoNC heard before any other matter on the Government’s legislative agenda.
Douglas Mendes S.C. – in representation of the claimants – suggested to the Court that the application to strike out the originating motion and the injunction request should be heard together, especially since the arguments that have been forwarded for both are synonymous.
Peter Goldsmith Q.C. – former Attorney General of the United Kingdom and counsel for the Office of the Attorney General - countered Mendes’ argument, charging that the application to strike out should be heard first because its result would determine the next course of action.
In support of his arguments, Lord Goldsmith submitted that by the claimants asking the Court to grant injunctive relief in this instance is a clear violation of the doctrine of separation of powers of the Judiciary, the Legislature and the Executive branches of government. This, he said, puts the question of the Court’s jurisdiction in question.
He further submitted that the claimants’ Motion of No Confidence runs contrary to Section 52(6) of the Constitution of St. Christopher and Nevis, which speaks to a MoNC in the government. Goldsmith said what the claimants have filed is a MoNC in the Prime Minister.
Mendes withdrew the injunction request but maintained that the matters which had similar arguments should be heard together.
His Lordship Justice Errol Thomas however decided that the application to strike out the originating motion would be heard on July 11 and 12, 2013 with both sides filing affidavits and making other submissions leading up to that point.
Background
The MoNC was filed by the Opposition Members in the Federal Parliament on December 11, 2012 and, despite agitation by these and other individuals, it has yet to be tabled.
