BASSETERRE, St. Kitts – RESIDENT JUDGE Justice Darshan Ramdhani yesterday afternoon (Sept. 27) at the Basseterre High Court said he would need a couple of weeks to give his decision in the injunction filed to prohibit the Federation’s Governor General, His Excellency Sir Edmund Lawrence, from signing a proclamation to change the electoral boundaries in St. Kitts and Nevis.
This therefore means that the Conservatory Order prohibiting Sir Edmund from signing the Proclamation will remain in effect until Justice Ramdhani makes his decision in two weeks’ time.
At the hearing, which began yesterday morning at approximately 9:30 and was adjourned until 1:00 p.m., counsel for the respondents argued that there was no legal basis to have the injunction preventing the Governor General from signing the Proclamation.
Representing the Governor General, Ransford Braham’s argument was based on three points: that the claimants did not comply with the Court Order in filing their substantive claim; that there was no cause of action to file the Injunction; and that there is no grounds, constitutionally, that should prevent the Governor General from carrying out a task he is obliged to do.
It was also argued that the claimants, Dr. the Hon. Timothy Harris, the Hon. Mark Brantley, the Hon. Shawn Richards and the Hon. Eugene Hamilton, did not challenge Constituency Boundaries Changes Resolution but rather the Boundaries Commission Report.
Also during that morning’s session, lead counsel Anthony Astaphan, who is representing, Prime Minister the Rt. Hon. Dr. Denzil Douglas, told the Court that Parliament has the power to amend or reject the Boundaries Commission Report.
He argued that the Court could not interfere with a decision made by the law-making body of the Federation unless the House had violated a constitutional provision.
Arguments were heard from both sides during the afternoon session with Astaphan continuing from where he left off; Roger Forde, who is representing the Constituency Boundaries Commission and the Attorney General; and lead counsel for the claimants, Douglas Mendez S.C.
Speaking with WINN FM yesterday afternoon following the day’s conclusion of the hearing, Astaphan was of the view that enough was presented to the Court to show that leave should not be granted to the claimants for judicial review.
“You heard the judge said he is going to need time to deliver his judgment and that the order he made earlier on will stay enforced for the next 14 days. That will give us the opportunity to come back to the Court and, if necessary, if something arises that requires further intervention of the Court, we will come back,” Astaphan reportedly told the media house.
Commenting on the Conservatory Order, Astaphan said, “If leave is granted however, the judge may issue another Conservatory Order; but I tend to doubt he will. I suspect he is going to have to try to attempt to craft another Order…I think we said quite a bit today to show the Court that we do not believe that leave should be granted.”
Astaphan is also of the view that the claimants had enough time to object to the recommendations of the Boundaries Commission Report before it was tabled in Parliament and that the Injunction should be struck out.
“You can’t have information well in advance of the date of the sitting of the House (of Assembly), sit on it and then when you believe that the report is going to the Parliament with the Prime Minister that you rush to the Court and claim that you didn’t know what was going on.”
Meanwhile, Leader of the People’s Labour Party and the Unity Team, Hon. Timothy Harris said he was satisfied with the day’s proceedings and arguments forwarded by Mendez.
“…It is a very good outcome for the Unity Team and we are happy with the course of events. I believe arguments of bias and lack of consultation presented by Senior Counsel Mendez were cogently and brilliantly presented to the Court and we are confident that our case was well served by having the senior counsel of our choice.
“We in Unity, of course, are pleased the Injunction remains in place and contend that it is highly irresponsible of this illegitimate government to force a battery of four QCs plus other lawyers on the backs of the people who continue to suffer in these hard economic times. This is especially troubling, given the state of our finances, the high indebtedness of the country, the fact that we have to borrow $228 million from the IMF, which we must commence repaying in 2014, and the fact that the government was so broke that it defaulted on its bond payments and forced many entities and individuals to lose their hard earned moneys.
“Let's not forget that the National Bank had to write off $47 million of government debt this year, Social Security will lose some $30 million and other entities such as RBTT and the Methodist Church have also had to write off government debt.”
Harris also said that “in due course, the people will have to make a determination whether it was in the public interest for the illegitimate Prime Minister to pursue this matter rather than do the right thing and call fresh elections so that the people can decide for themselves.”
