Prime Minister Douglas Has Not Breached Court Order

St. Kitts - Nevis Prime Minister - Denzil Douglas
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St. Kitts – Nevis Prime Minister – Denzil Douglas
Photo By Erasmus Williams

Basseterre, St. Kitts – Nevis
July 15, 2009 (CUOPM)

Attorney at Law and former Speaker of the St. Kitts and Nevis National Assembly, Miss Marcella Liburd says Prime Minister Hon. Dr. Denzil L. Douglas has not breached any Court Order as he was not named in any of the injunctions filed in court by the opposition People’s Action Movement (PAM).

Liburd also told a massive public meeting Sunday night, that the Eastern Caribbean Court of Appeal recently handed down a judgment that the Crown Proceedings Act does not apply to Constitutional matters.

“The matter that they brought in (High) Court is against the Constituency Boundaries Commission and the Attorney General of St. Kitts and Nevis. That has nothing to do with the Prime Minister. The Prime Minister has exercised his constitutional rights and authority under the 1983 Constitution to lay the Proclamation. That has nothing to do with this matter,” said Liburd, who is the second female speaker of the lawmaking body.

She noted that the opposition is saying that that if any matter is brought against the Attorney General, it is against the Government.

Ms. Liburd referred to the Crown Proceedings Act.

“PAM believe that by putting the Attorney General (Dr. the Hon. Dennis Merchant) in the injunction, it brings into effect the Crown Proceedings Act. The Act basically says if you are bringing a matter against the Government, then you have to bring it in the name of the Attorney General,” noted Ms. Liburd.

She pointed out however that a judgment handed down in St. Lucia by the Eastern Caribbean Court of Appeal on July 6.

“One of the main things that the Court decided in this case is that the Crown Proceeds Act does not apply to Constitutional Matters. The Act does not apply to Constitutional matters. The Court of Appeal just say so and this has been the law for some time. But as Dr. Brown said perhaps Lindsay Grant is out too long from the Court,” said Liburd, stressing: “The matter that they brought is a Constitutional matter and so when they name the Attorney General they were not naming the Government because the law is very clear that the Crown Proceedings Act does not apply to Constitutional matters and this matter is a Constitutional matter.”

She reiterated that Prime Minister Douglas under the Constitution laid the draft Proclamation for the realignment of the boundaries and did not breach any injunction as he carried out what were his Constitutional duties.

“The Constitution in Section 50 (3) says as soon as the Prime Minister gets the Constituencies Boundaries Commission Report, he must lay in the National Assembly. The Prime Minister has not breached any law as he was acting in accordance with the Constitution,” said Ms. Liburd.

Ms. Liburd also pointed out that the Attorney General who was named in the injunction did not even speak in the National Assembly, because of the respect the Government has for the Court.

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