By Abisola Abiola

The Government of St Kitts and Nevis have been ordered to pay $3, 500.00 to the lawyers who represented the People’s Action Movement (PAM) in the disqualification matter in the High Court.

After about one and a half hours of arguments from both sides, presiding Judge, His Lordship Mr. Justice Frances Belle on Friday 06th November, 2009 ruled that PAM be paid EC $3500 to cover costs incurred in preparing for the today’s court hearing.

In early July, Parliament had passed the new legislation which states that on Nomination Day the returning officer shall “receive and approve” proof of renunciation for prospective general election candidates who were once holders of dual citizenship.

PAM immediately made objections to the legislation and lawyers representing the government subsequently advised Parliament to revise the legislation in order to “clarify its intentions”.

The government had passed legislation which sought to prevent the Peoples Action Movement Leader, Lindsay Grant and his deputy Shawn Richards from being nominated on nomination day.

The Judge gave judgment for the claimants as the government failed to file a defense to the claim that the law is unconstitutional. Grant and Richard had sought to challenge their eligibility to run in the upcoming elections.

The judgment received by Grant and Richards is $3,500.00E.C. which represents a quarter of the total cost for fees.

Lead Attorney for the Attorney General and the Supervisor of Elections, Mr. Anthony Astaphan, Q.C. explained to the Court that in addition to removing difficulties with the legislation, it was necessary for the amendment to be improved.

He also said the new National Assembly Elections (Amendment) (No. 2) Bill 2009, which was passed in the St. Kitts and Nevis National Assembly on Thursday will be signed by His Excellency the Governor General and gazetted today.

 “This will bring an end to the litigation proceedings in relation to the disqualification matter,” said Astaphan.

However PAM’s lead counsel Constance Mitcham argued that the Constitution is quite clear that matters of elections are to be dealt with by the High Court indicating that there is no ambiguity about it. “Because of their actions, we were forced to come here to remove those threats from our candidates. Therefore, under the general principles of our laws and rules, we are entitled to cost,” Mitcham told the court.

The battery of lawyers led by Ms. Mia Mottley, QC, includes, Mr. Leslie Haynes, Mrs. Camilla Persad-Bissessar, Mrs. Greta Foreman, Mr. Delara MacClure Taylor, Mr. Vincent Byron and Ms. Constance Mitcham.