Court clears Douglas' former attorney of charges

St Kitts (CMC):

Prime Minister Dr Denzil Douglas Monday welcomed a ruling by the Organisation of Eastern Caribbean States Supreme Court of Appeal in dismissing a contempt of court charge brought against his former attorney general Dr Dennis Merchant.

"I am very pleased that justice has been served," Dr Douglas said in an immediate response, while Senior Counsel Anthony Astaphan called for an immediate public apology from the leadership of the main opposition People's Action Movement (PAM).

No basis

"The judges were very clear that there was no basis for contempt," said Astaphan, adding those members of the 'lynch mob' should "hang their head in shame and immediately apologise publicly for misleading the people of St Kitts and Nevis".

Last year, High Court judge Rita Joseph Olivetti ruled that Merchant was in contempt of court when the St Kitts and Nevis government defied an injunction preventing it from dealing with the report of the Constituencies Boundaries Commission.

Breach of the order

In a 28-page ruling, the judge said that she found that then attorney general facilitated the government's defiance of the injunction by advising Prime Minister Douglas, "who by virtue of the constitution is the member of government responsible for laying the report in the National Assembly that doing so would not be a breach of the order", to do so.

Astaphan had argued before the Court of Appeal that the finding of contempt by the lower court was a travesty of justice, a severe violation of the rule of law and a constitutional heresy.

But the three-judge panel had reserved judgement after hearing the submissions in November last year.