Posted On: Wednesday, 11 April 2012
Basseterre, St. Kitts, (Wednesday 11thApril, 2012)-The petitioner in the Nevis election case, Mark Brantley, on Wednesday, clarified his reasons to file a cross appeal in the judgment of Justice Lionel Jones.
Brantley outlined that the Concerned Citizens Movement prefers not to be in the court of appeal because of the uncertainty, social trauma, and the cost to the people of Nevis. But he said the costs associated with it could have been avoided, if the Nevis Island Administration went back to the polls in a by-election or a general election.
“So our primary position is, we prefer to go to the people and let the people decide who they wish to serve them in the capacity of the (NIA), Nevis Island Administration,” Brantley said.
He added that the Nevis Reformation Party has a right to appeal and has exercised that right, but says that they (the government) seem to be upset because of the facts filed in the appeal.
“The reality is that we had no intentions to go into the court of appeal, but because of what the NRP has done, we are going to be there in any event, so we had consultations with our counsel and we are merely seeking clarification in three main areas.”
The areas he said are:
- Clarification on whether the names would be restored to the voters list
- To clarify the appropriate list to be used
- To order the NIA to pay the petitioner’s cost
“So we have gone to the court of appeal, since we have to be there we are going to use the opportunity to say to the court of appeal, that in light of the illegal an unlawful conduct of the electoral officials, they should be required to pay my cost and that burden of cost should not fall on my shoulders,” Brantley further said.
The judge said he will make no order as to cost and both sides will cover their own costs Brantley explained, stating, that in light of the findings of such conduct of these officials, the court should properly order them to pay cost for him, because he was forced to go to court to protect his right.
He also added that if Premier Parry were to call a by-election, he would be the happy to withdraw the appeal.