BASSETERRE, St. Kitts – THE Eastern Caribbean Supreme Court is set to hear the Opposition’s appeal case, on February 9, against the ruling of High Court Judge Justice Marlene Carter in which she overturned an injunction she had previously granted.
Carter granted the injunction on 16 January, 2015 to block the use of a report of the Constituency Boundaries Commission for realignment of the boundaries. But evidence adduced in court indicated that the injunction was granted more than one hour after the passage of the draft proclamation by Parliament, signing of the proclamation, gazetting of the proclamation and dissolution of Parliament had taken place.
Justice Carter disagreed with the Opposition which suggested that one of the processes involved – the publishing of the gazette – was improperly done. She found that it was properly done and overturned the injunction.
The Opposition petitioned the Appellate Court two days ago and had a hearing with that body yesterday (Jan. 29) via teleconference and that court ruled to reinstate the injunction until the substantive matter is heard and disposed of.
The interim injunction debars use of the new boundaries by anyone - including the Electoral Commission and the Supervisor of Elections - which were brought into effect on January 16, 2015 after the Federal Parliament was dissolved.
Talibah Byron, a member of the legal team for the appellants, explained to this media house that their overarching argument was that the risk of an unjust result would be minimized by the Court of Appeal granting an interim injunction today (Jan. 29) rather than refusing to grant it then later on the appeal was found to be successful.
She said they also argued that the government, by rushing the process, attempted to refuse the Opposition its right of access to the court.
Byron told SKNVibes that the Opposition’s aim is not to stop the elections from being held but to ensure that they are free and fair.
SKNVibes made attempts to contact Sylvester Anthony, one of the legal team members for the respondents (Government) but he indicated that he was in a meeting and would contact this publication after that would have concluded. He was subsequently contacted but the attempt was not successful.
However this publication made contact with Anthony Astaphan QC who explained that the Federation is now in a very precarious position in that, because the proclamation exits, the old boundaries have ceased to exist and because the court had enforced an interim injunction, the new boundaries cannot be used.
To add to that he explained, “You can’t even have nominations on the old boundaries because they don’t exist.”
He said the effect of the interim injunction is to stop the elections from being held because the old boundaries do not exist and the new boundaries could not be used until the appeal is disposed of.
Astaphan QC also indicated that the government’s lawyers are currently “looking at a variety of alternatives”.
