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BASSETERRE, St. Kitts, July 3, 2018 (Press Unit in the Office of the Prime Minister) – Opposition member for St. Christopher Six (6), the Right Honourable Dr. Denzil Douglas, will be cross examined when the trial for the Parliamentary Disqualification Case, brought by the Attorney General of St. Christopher and Nevis (Claimant) against Dr. Douglas (Defendant), goes before the High Court later this year.
That was one of the rulings handed down by Resident High Court Judge, His Lordship the Honourable Justice Trevor Ward QC, on Monday, July 2.
A member of the Government’s legal team stated that His Lordship, Justice Ward QC, granted permission for an application to cross examine Dr. Douglas at the trial.
The Government’s team believes that the cross examination of the Opposition Leader at trial is necessary to properly determine the contents of Dr. Douglas’ sworn affidavit in Court.
Following arguments presented on May, 30, 2018, His Lordship, Justice Ward QC also ruled on Monday that expert witnesses on Dominican law will be needed to determine whether Dr. Douglas has an acknowledgement of allegiance to the Commonwealth of Dominica.
Both sides now have the opportunity to appoint its own expert in this case. The hearing to determine whether the judge grants permission for the chosen experts is slated for later this year when High Court assizes resume.
The Attorney General of St. Kitts and Nevis acting on advice of learned Senior Counsel Douglas Mendes of Trinidad and Tobago is asking the High Court to declare that Dr. Douglas has vacated his seat in the National Assembly by holding a diplomatic passport of the Commonwealth of Dominica. The Constitutional Motion also seeks an injunction to restrain Dr. Douglas from taking part in the proceedings of the National Assembly.
Section 28 (1) of the Constitution of St. Christopher and Nevis and Section Six (6) of the National Assemblies Act both provide that “a person shall not be qualified to be elected or appointed as a member if he is by virtue of his own act under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.”
Dr. Douglas has admitted that he holds the Dominican diplomatic passport and has travelled on it.
Additionally, Dr. Douglas is expected to return to the High Court this coming Friday, July 6, in the matter brought against him by one of his own constituents.
Mr. Curthbert Mills, a concerned citizen and voter from Constituency #6, launched the action following the discovery that Dr. Douglas holds and has travelled on a diplomatic passport issued by the Commonwealth of Dominica.
Mr. Mills has claimed that by applying for and being issued a Dominican diplomatic passport, which Dr. Douglas has used to travel, the Opposition member has acknowledged allegiance, obedience or adherence to Dominica, a foreign power or state, in contravention of the Constitution of St Christopher and Nevis.