By: Spokesman Newsroom
BASSETERRE, St.Kitts (MARCH 2018)-Monday’s (26th February) fixed court hearing for the parliamentary qualification case concerning the Attorney General Vincent ‘Juicy’ Byron Jr. versus the Opposition Leader Dr. Denzil Douglas –presided over by resident judge His Lordship Justice Trevor Ward Q.C-was adjourned in less than 30 minutes with another date set after lawyers on both sides got what they requested for the Friday 20th April hearing, that is, enough time to respond on the Claimant’s side and a quick hearing date on the Defendant’s side.
Lawyer Talibah Byron-who acted as an instructing solicitor- represented the Attorney General (who was not in court that day) had informed the judge that lead counsel Douglas Mendes (of Trinidad and Tobago) was “unavailable”.
She requested more time for the Claimant’s team to respond to an affidavit recently filed by Dr. Douglas.
In a brief back and forth for an agreement on a reasonable date whilst consulting with Justice Ward, Douglas’ legal team argued for a quicker timeframe to have the matter heard which went in their favour after the judge calculated 14 days after Friday 6th April.
It is understood that the 14 days count is a systematic calculation relating to such court matters.
Leading up the hearing in April, certain dates were also set for certain applications to be filed collectively concerning both parties namely 6th, 17th and 19th of April.
That morning in court, attorney Sylvester Anthony (representing Douglas), by way of expressing his disappointment that the case was not going to be handled that day in light of the time response request, said his team appeared before the court “thinking that it would be dealt with some expedition.”
In reasoning for an earlier hearing date, he also told that the judge that the case was of “extreme importance and significance not only to my client but also to the 6000 constituents (of St. Christopher Six)” as he pointed out that there is a “need for the matter to be heard as quickly as possible.”
Both parties are expected to source an expert witness to speak to the laws of Dominica in this case which is challenging the eligibility of Dr. Douglas accused being a citizen of both Dominica and St.Kitts-Nevis because of a Dominican passport he possesses.
On Wednesday 21st February, Douglas sworn an affidavit at the court asking that the matter be thrown out with costs attached for wasting the court’s time as well as his legal team’s time.
Speaking to reporters immediately after the hearing, Anthony stated: “…They (the claimants) have also indicated that they would like to apply for leave for an expert witness. We also will be doing the same so the court has made an order giving the claimants additional time to file a responding affidavit. We have reserved the right to file additional affidavits in the event that any new evidence is introduced in their responding affidavit and the court has set some dates in relation to a next hearing so that the application for the expert witness can be heard and a date of the 20th of April for the hearing of those applications.”
According to Anthony “Those expert witnesses will be speaking to the question of Dominican law.”
Douglas while being interviewed by reporters accused the government of putting on a political charade and shared confidence succeeding in the case.
“It’s amazing that they filed a claim against me; we responded within the time that the court indicated that we should respond which is today and appear for hearing. They having received our responses are now asking the court to give them extra time beyond the normal 14 days that are required. Well, obviously this again I emphasize is part of the political charade that is pursued in this particular matter. I don’t believe that there is any seriousness except to harass myself as the Leader of the St.Kitts-Nevis Labour Party and in fact the Leader of the Opposition. With good support from our lawyers and our people especially those of Constituency Six, we shall, prevail.”
Douglas thanked his lawyers for the work put in that morning.