Sunday, 22nd December 2024

Dr Douglas to file constitutional motion for breach of privacy against gov't

Friday, 22nd February 2019

The failed attempt by the Timothy Harris-led Team Unity administration to unseat St. Kitts' longest serving parliamentarian out of the St. Kitts and Nevis National Assembly was "not about law. This was really about politics." said lawyers who represented opposition leader Dr Denzil Douglas.

"This was a blatant attempt to unseat Dr. Douglas from St. Christopher 6 without regard to the fact that people voted for him. It was a blatant attempt and they used the law and the constitution to assist them and they lost. They lost badly," said Sylvester Anthony, one of the lawyers who represented Dr. Douglas outside the court house

After the verdict of Justice Trevor Ward QC, who dismissed the civil suit brought by Attorney, Anthony also informed reporters that Dr. Douglas, the Parliamentary Representative for St. Christopher 6  will file a constitutional motion in the High Court against the government "for the breach of his privacy in releasing his passport information to Cuthbert Mills in the matter that was brought earlier."

Cuthbert "Big Chief" Mills, a Newton Ground resident brought a similar case against Dr. Douglas, but it never went to full trial as the claim was thrown out on submissions by Dr. Douglas' legal team.

Mills claimed that by Dr. Douglas' use of a Diplomatic Passport issued to him by the Commonwealth of Dominica disqualified him from being elected as a member of the National Assembly and thus he should vacate his seat in the law-making body.

Dr. Douglas' lawyers asked Justice Ward to order that the affidavits of Inspector Jacqueline Brown, Immigration Officer Tishema Watson and DeHaan Henry, information and communications technology consultant to the Ministry of National Security, headed by Dr. Harris, was an abuse of process on the basis that these public officers have used their positions to disclose the defendant's personal information to Mills, a private citizen, to fuel his claim, in breach of the defendant's constitutional right to privacy guaranteed by section 3 of the Constitution of Saint Christopher and Nevis.

Mills had also submitted in his civil suit Dr. Douglas' signed Nomination Form in the 2015 general election which was in the possession of the Supervisor of Elections Elvin Bailey.

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 Zhane Williams, left, and Zina Anthony (image: Wavemaker Productions)
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