ST Kitts & Nevis Opposition headed to the Privy Council
Counsel to the Opposition members in the ongoing legal battle over boundary changes in St. Kitts-Nevis says they are taking the matter all the way to the Privy Council.
This came from Chris Hamel-Smith SC yesterday (Feb 5) following the dismissal of the Opposition’s boundary change injunction appeal by the Court of Appeal. The Court of Appeal discharged an interim injunction it imposed on election officials last week, leaving the government free to proceed with preparations for the February 16 federal elections on boundaries it changed on January 16.
Hamel-Smith disagreed with the Court of Appeal’s ruling and said he advised his clients to appeal to the Privy Council. The Privy Council has already convened a session for Monday, 9th February at 12 noon.
“On Monday the Privy Council will give us a final decision on all of these matters. The preservation of constitutional democracy and the preservation of the rule of law in St. Kitts and Nevis is too important for us not to take these matters forward.
“We believe that on Monday justice will prevail,” he said.
Government lawyer Senior Counsel Anthony Astaphan is of the view that the outcome of the Privy Council hearing will be the same as that of the Court of Appeal. He said the Opposition’s case was weak and doomed to fail.
“It is highly unlikely and would be an exceptional case for the Privy Council to overturn the concurrent findings and rulings of the local court. They [Opposition] would have to come with an extremely strong case in order to succeed, and I don’t think they have that case,” he said.
A Privy Council overturning of the CoA decision could affect the constituency boundaries, SC Astaphan acknowledged, but not the date of elections.
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