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ECSC Court of Appeal Order

“The Justice Of The Case Merits The Grant Of An Interim Injunction Pending The Hearing And Determination Of The Appeal”
Basseterre, St.Kitts (January 30th 2015):- The Powerful St.Kitts-Nevis Opposition Alliance has won another legal battle over the controversial Dr. Denzil Douglas and his Labour Party Government. TheTeam Unity candidates filed an appeal on Wednesday January 28^th against High Court Judge Marlene Carter’s decision given Tuesday to discharge the injunction which she had granted on 16th January. The High Court Judge said on Tuesday that she was discharging the injunction because her order on the 16th had been made after the proclamation had been gazetted and parliament had been dissolved.

The appeal was against her discharge, and her reasons for the discharge. In addition, an application was filed asking the Court of Appeal to reinstate the injunction pending the hearing of the appeal. The court of appeal immediately set down the hearing of the application for injunction for today at 9:15am. Senior Counsel Chris Hamel-Smith SC made oral submissions to the Court of Appeal via teleconference.

Oral submissions were also made by lawyers for the Boundaries Commission, the Prime Minister, and the Attorney General.

At the end of the hearing, the Court of Appeal decided that “the justice of the case merits the grant of an interim injunction pending the hearing and determination of the appeal”.

The appeal will be heard expeditiously on 9th February 2015 in St Vincent.

This injunction extends to and also binds the Electoral Commission and the Supervisor of Elections from making any use whatsoever of the proposed new boundaries.

This brings yet another twist to the ongoing political drama in the federation of St.Kitts-Nevis where the Prime Minister Dr. Denzil Douglas has managed for two years to avoid debating a Motion of No Confidence filed by the opposition since 2012. The Opposition since 2013 has commanded the Majority of Elected Representatives who have all formally expressed their support for Hon. Dr. Timothy Harris as their leader. According to the Constition of St.Kitts-Nevis he who commands the majority of support of  elected representatives shall be named Prime Minister. This fact seemed to have weighed very little on Douglas as he continued up until this latest debacle to fly in the face of the law and the constitution.

Elections in St.Kitts-Nevis are set for February 16^th with Nomination Day on February 6^th. With the Appeal Court hearing set for February 9^th it would mean that the Elections will have to be held on the Old Boundaries which have been existence for a long time and is what the vast majority of people are accustomed to and satisfied with. Polls have all indicated that on the traditional boundaries the Team UNITY Opposition will win as much as 7 seats in St.Kitts an 3 Seats in Nevis