(CHARLESTOWN, NEVIS)- Team Unity is in victory mode after it was announced this morning Thursday, February 12, 2015 that the London based Privy Council had overturned the decisions of both the High Court in Basseterre and the Court of Appeal in the case of the injunction granted on January 16, 2015 in regards to the electoral boundaries.
This morning, the Privy Council ruled that Orders made by the High Court and the Court of Appeal be set aside and that the interim injunction granted on January 16 by High Court Judge Marlene Carter be restored.
“The Board will humbly advise Her Majesty that the Appeal should be allowed. That the Orders made by Madame Justice Marlene Carter on the 27th January 2015, and by the Court of Appeal on 5th February 2015, be set aside and the interim injunction granted by Madame Justice Carter on 16th January, 2015 be restored.”
“… it is determined and ordered that, firstly, the list to be used in the said election is and shall be that existing prior to and apart from the Proclamation bearing the Reference # 2 of 2015, purportedly issued and published by the Governor General in Extraordinary Gazette #3 bearing the date 16th January, 2015.”
“Second, any effect which the said proclamation would continue otherwise to have whether in relations to any other election or otherwise is hereby suspended until further Order.”
Questions regarding the said proclamation and those of cost were reserved.
The lawyers for the Denzil Douglas Administration had argued that High Court Judge Marlene Carter ruled that the Proclamation was duly published and that Attorney- General Jason Hamilton had submitted an affidavit to that effect, and that the court had no right to interfere in the matter.
The Opposition lawyers argued that the boundary change Proclamation was not properly gazetted by the time the High Court injunction had been ordered and the events of January 16 were calculated to deny the Opposition access to the court and as such was designed to remove their right to protection under the law.
The arguments by Attorneys representing both parties were presented yesterday Wednesday, February 11, 2015 before Justices Lord Mance, Lord Kerr, Lord Clarke, Lord Reed and Lord Hodge.
After the announcement this morning, The Deputy Premier of Nevis, The Hon. Mark Brantley posted on his Facebook page “I try my best not to make too much noise sometimes but can someone please ask my friend Cory Tyson to come take up his billboards out of my constituency?”
Election in St. Kitts and Nevis is scheduled for Monday, February 16, 2015.