Diplomatic passport court case involving St Kitts Opposition Leader adjourned until next month

BASSETERRE, St. Kitts, CMC – A High Court judge Wednesday adjourned to June 15, the court matter in which the St. Kitts-Nevis government is seeking to have Opposition Leader Dr. Denzil Douglas removed from Parliament because of his possession of a diplomatic passport from Dominica.

Senior Counsels Douglas Mendes and Anthony Astaphan today addressed Justice Trevor Warde on the case that Prime Minister Dr Timothy Harris has described as one of grave constitutional, political and parliamentary significance to the Commonwealth.

Attorney General Vincent Byron told reporters that the judge heard an application by Douglas “to allow expert evidence to be used in relation to Dominica law”.

“As it pertains to the question of whether the use of the Dominica passport we have asked the Court whether he is in violation of our Constitution, that he has by his own act show allegiance – or is under allegiance or obedience to a foreign state”.

“This is section 31 of our Constitution says that if this is so that the Member of Parliament should vacate his seat, and we are asking the court to determine whether that is so.”

The St Kitts-Nevis government, through Byron, is seeking a declaration from the High Court that since the election to the National Assembly on February 16, 2015 Dr Douglas became disqualified from being elected as a member of the National Assembly and was accordingly required to vacate his seat by reason of his becoming a person who, by virtue of his own act, is in accordance with the law of Dominica, under an acknowledgement of allegiance, obedience or adherence to a foreign power or state, namely, Dominica.

Additionally, the government is also seeking a declaration that Douglas has vacated his seat in the National Assembly; an injunction restraining him from taking his seat in the National Assembly; and from performing his functions as a member as well as costs, and other relief as the court may deem just and expedient.

Section 28(1) of the St. Kitts-Nevis Constitution states that a person shall not be qualified to be elected if he is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state.

Further, it is stipulated in section 31(3) of the Constitution that an elected member shall vacate his seat if any of the circumstances arise, which would have disqualified him from being elected.

Byron said that the lawyers for the Opposition Leader have asked that they should be able to use somebody who is versed in the interpretation of Dominica law to assist the court.

But Astaphan said that issue involved whether or not under the circumstances under which Dr. Douglas got the passport has led to a disqualification under St. Kitts law.

“Our position is simple, that this is going to require the Court to make a determination of Dominica’s law on a number of issues, included citizenship, statutory requirement and obligations and oaths for passports ordinary or otherwise, and that we cannot simply rely on the common law or lawyers merely citing statutes made by a sovereign parliament in St. Kitts”.

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