The Basseterre High Court convened on Thursday morning to hear arguments from both the Government and Opposition legal teams in regards to an injunction granted on Friday 16th January. Lawyers for the opposition at this time advised the court that they would be adding the Electoral Commission to the case.
Senior Counsel Christopher Hamel Smith,Opposition Lawyer explained to Justice Marlene Carter that they intend to add the Commission because it has been announcing that elections will be held under changed boundaries, even though the matter remains in court and has yet to be resolved. Hamel Smith took the Commission to charge for what he said was operating as though there was no injunction. He told Justice Carter that on Tuesday , the Commission had put out an announcement about new boundaries.
Senior Counsel Anthony Astaphan lawyer representing the attorney general,contended that the injunction is ineffective because it was granted after Parliament had approved the boundary changes, after the governor general had signed the changes into law and the law had been gazetted as mandated by the constitution. Astaphan explained to the Court that the Attorney General has produced a copy of an extra ordinary gazette to give credence to the the government’s claim and that in no way did the proclamation preach the constitution and on that premise that injunction could not stand.
Senior Counsel Hamel Smith countered this argument and told the Court that a large part of the case of the Opposition MPs rests on the alleged publication of the changes in the official gazette. He indicated that Astaphan had during his presentation referred to the changes being published at times and printed at others, Hamel Smith noted there was a some disparity between the two and that his team intended to prove that the gazetting claim was flawed. Justice Carter after an adjournment disclosed that she will not give a decision on the government’s application to discharge her injunction on Thursday as the matter is one of grave importance she indicated that she would give her judgment by next week Monday or Tuesday.
Speaking on the political platform on Thursday night, Hon. Marcella Liburd SKNLP Chairperson commented on the court preceding. Liburd a lawyer by profession said that the opposition is clearly seeking to buy time. Pm douglas and leader of the SKNLP also commented on the case while on the platform. He said that he respects the court and labour will continue to move forward
Court resumes on Tuesday, with other matters related to the case .