BASSETERRE, St. Kitts – THE Opposition was unsuccessful at the Basseterre High Court today (Jan. 27) in getting the Court to maintain the injunction issued on January 16, and in having it extended pending their appeal.
Justice Marlene Carter heard arguments from both the Government and the Opposition late last week with against and for the discontinuance of the injunction and Her Ladyship indicated that given the nature of the matter, she would need some time to deliberate before giving her decision.
This afternoon, Justice Carter explained that she did not agree with the Opposition, which contended that the Government failed to fulfill the criteria as outlined in the law for the publication of the gazetted proclamation which made the new boundaries law.
She explained that for the suggestion that the proclamation had to be published to the point where the majority of the population would be aware it to be accepted, it would leave the legislature at the mercy of one Government Department – the Printery – in terms of distribution of the material.
Justice Carter said she is satisfied that, according to the evidence, the gazetted proclamation was published sufficient to fulfil the provisions of the Constitution.
Her Ladyship also indicated that she accepts that the Proclamation, which was sanctioned by Parliament, was signed by the Governor-General by 6:35 p.m. and that the Court had issued the injunction well after that process had been completed.
In light thereof, Her Ladyship discharged the injunction and indicated that she would make no order concerning costs.
Douglas Mendes SC, one of the attorneys for the Opposition, informed the Court that an appeal would be mounted by his clients as soon as possible and he requested that the Court issue an injunction until the appeal is heard.
He argued that if an injunction were not imposed, the Electoral Commission would be free to act in accordance with the new boundaries and should the Court of Appeal overturn Her Ladyship’s judgment, it is possible by the time the case is heard the elections would have already been held.
Dr. Henry Browne QC and Sylvester Anthony, both representing the Government, countered Mendes’ arguments indicating that he is in effect asking Justice Carter to overturn her own decision to discharge the injunction and reinstate it or to “reverse herself”.
And, according to Dr. Browne, whatever the current electoral status is at this point, it must remain and should there be any problems during the elections, it can be remedied with an election petition.
Her Ladyship, after breaking for several minutes, returned to the Court and informed that she was not prepared to extend the injunction.
She also noted that the Opposition is free to lodge its appeal.
Meanwhile, the Prime Minister of the Federation of St. Christopher and Nevis, the Rt. Hon. Dr. Denzil L. Douglas, has signaled that Nomination Day is set for February 6, 2015 and Election Day is February 16, 2015.
