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Newtown Bay Road, Basseterre, St. Kitts, W.I.

Boundaries injunction case to continue next week

Sir Lee Llewellyn Moore Judicial Complex

St. Kitts and Nevis (WINN):  The Court hearing in boundaries change injunction matters will continue in the Basseterre High Court on Friday September 27th.  

An application filed by the claimants to adjourn the case due to a scheduling conflict for Lead Counsel Douglas Mendes S.C., was denied by Justice Darshan Ramdhani on Friday morning in Chambers.  

Justice Ramdhani then proceeded to hear arguments to strike out the injunction barring the Governor General from signing off on boundaries change recommendations, until a judicial review is conducted of the procedures used in preparing the recommendations.  He then made the decision that Counsel should make written submissions on the discharge application.

Counsel for the applicants will have until Monday to file their arguments, and the respondents’ lawyers are to submit theirs by Wednesday.

If the application to discharge the injunction is denied on Friday, the Court will proceed to the judicial review.  If however, it is discharged, the Governor General will be free to sign off on the boundaries changes approved by the Parliament last week.  Once gazetted (published in the Gazette) they will take effect upon the dissolution of Parliament.

“This is as quickly as we can move the process,” Counsel for the Prime Minister, Sylvester Anthony said Friday.  

“The matter is before the court…and as the judge has indicated the arguments are substantive and he needs to make sure he fully and properly considers it, and we think that is…a useful exercise.”

The court injunction barring the Governor General from acting on the boundaries changes was filed by four Members of the Opposition: Mark Brantley, Shawn Richards, Timothy Harris and Eugene Hamilton on September 9th.   Within days (September 13th) the Attorney General’s Chambers filed a Notice of Application to have it discharged.  

On Wednesday (September 18th) lawyers for the Opposition MPs submitted a request to have the matter adjourned because their Lead Counsel could not be present, but WINN FM understands that in Chambers Friday morning, Counsel for the respondents objected to the request to put the matter off.

Ultimately the matter was put off, but not because the claimants had requested an adjournment.  This however, did not faze Opposition MP Dr. Timothy Harris who claimed ‘victory’ Friday, because his team would have their lawyer ‘of choice’ representing them when the matter comes before the Court next week.  

He said he was also extremely pleased that the injunction remained in place, brushing past the fact that the application to discharge it is yet to be heard. 

“The manner in which that was arrived at is not as important as the fact that what we wanted was that opportunity for Mr. Mendes to speak on our behalf.  That opportunity now avails itself, and secondly the injunction lives on.  The injunction has not been discharged, and we’re happy about those two particular things, indeed we are very happy about today as a whole,” Dr. Harris told the press Friday.

 

 Click below to hear Lawyer Sylvester Anthony

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Click below to hear Dr. Timothy Harris

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Comments  

0 #2 Jeffrey L Donovan 2013-09-21 11:13
18 years of managerial incompetence, fiscal insanity, and distortion of reality; litigation suffocating the nation.
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+1 #1 Wow Only in SKB 2013-09-20 16:38
Strange that a previous judge can adjourn a case for almost 4 months because the QC for Gov't had to go all over the world FIRST! Now this Judge would not adjourn for the Opposition! Interesting or one-sided?
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