Published 28 January 2018
Buckie Got It, St. Kitts and Nevis News Source
by: Media Source
TENMAN DOUGLAS BEGS SOCIAL GROUPS FOR HELP AS HE FACES DEATH AT THE POLITICAL GALLOWS
The leader of the Opposition and parliamentary representative for constituency #6 Dr Denzil Douglas fired accusatory remarks at the Speaker of the National Assembly, Mr. Perkins and the government on Tuesday January 23rd 2018.
This action was preceded by actions taken by Attorney General Vincent Byron who read into the parliamentary records that Dr Douglas has held and has used a passport issued by a foreign state, is in breach of not just Section 36 of the Constitution of St. Christopher (St. Kitts) and Nevis but also the National Assembly Elections Act (Cap 2.01).
The Fixed Date Claim Form application filed yesterday in the registry seeks the following relief from the High Court:
(1) A declaration that since the election to the National Assembly on February 16th, 2015, Dr. Denzil Douglas became disqualified from being elected as a member of the National Assembly and was accordingly required to vacate his seat in the National Assembly by reason of his becoming a person who, by virtue of his own act, is in accordance with the law of the Commonwealth of Dominica, under an acknowledgment of allegiance, obedience or adherence to a foreign power or state, namely the said Commonwealth of Dominica,
(2) A declaration that Dr. Denzil Douglas has vacated his seat in the National Assembly of St. Kitts and Nevis,
(3) An injunction restraining Dr. Denzil Douglas from taking his seat in the National Assembly and from performing his functions as a member thereof,
(4) Costs, and
(5) Such further and/or other relief as this Honorable Court may deem just and expedient.
The relief is being sought on a number of compelling grounds. The Fixed Date Claim Form notes that:
• The Defendant is an elected member of the National Assembly of St. Kitts and Nevis, having been elected to represent the Constituency of St. Christopher #6 in the general election held on February 16th, 2015. The Defendant is a citizen of St. Kitts and Nevis.
• On July 30th, 2015, the Defendant was issued a diplomatic passport by the Commonwealth of Dominica, WHICH RECORDED HIM AS BEING A CITIZEN OF DOMINICA. The passport is stated to be valid until July 29th, 2020.
• On April 23rd, 2016, the Defendant, Dr. Douglas, left the jurisdiction of St. Kitts and Nevis by air, utilizing the Dominican passport.
• The law of Dominica requires all citizens to swear an oath of allegiance upon being registered as a citizen.
• By the common law of Dominica, a person who possesses and/or travels on a Dominican passport is under acknowledgment of allegiance to Dominica.
• Section 28, subsection (1) of the Constitution of St. Christopher and Nevis and Section 6 of the National Assembly Act both provide that, “A person shall not be qualified to be elected or appointed as a member if he (a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.”
• Section 31, subsection (3) c) of the Constitution provides that, “An elected or appointed member shall also vacate his seat in the Assembly subject to subsection (4), if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 28 or of any law enacted in pursuance of subsection (2), (3) or (5) of that section.”
• In the premises since the election to the National Assembly, the Defendant, Dr. Denzil Douglas, became disqualified from being elected as a member of the National Assembly and was accordingly required to vacate his seat in the National Assembly by reason of his becoming a person who, by virtue of his own act, is in accordance with the law of the Commonwealth of Dominica, under an acknowledgment of allegiance, obedience or adherence to a foreign power or state, namely the said Commonwealth of Dominica.
• In the further premises, upon his acknowledgment of allegiance to the Commonwealth of Dominica, the Defendant was required to and did in law vacate his seat in the National Assembly.
Lawyer Anthony Astaphan, who is representing Dr Douglas on this matter, when asked by WinnFm’s, Clive Bacchus, about the nationality as is stated in Dr Douglas’ Dominican passport, his response was, “IN THE PICTURES THAT I HAVE SEEN IT SAYS DOMINICAN… AT THE APPROPRIATE DR DOUGLAS WILL GIVE AN EXPLANATION AS TO WHY THE NATIONALITY OF DOMINICA SHOWED UP AND NOT ST KITTS-NEVIS AND THERE IS A CLEAR ANSWER TO IT”.
While on the SKLP Wednesday radio show, Denzil Douglas called on various groups within society to restrain him and other persons who may not be in agreement with the speaker’s decision. “There is a definite effort on the part of the government assisted by the speaker, to stifle democracy and freedom of speech in our parliament.”
He continued, “This is going to lead to confusion in the country generally if the government continues on its path to try to remove from the parliament of our country, one who has been elected to serve, based on frivolous charges, that the government itself knows, do not really exist.”
Dr Douglas is well known for his incendiary remarks when he once said, “I don’t want to incite you enuh, you know I capable of doing that, you remember in 1993, you know I am capable of doing that enuh, tell them Douglas is capable, I can incite you know!”
Dr Douglas has never denied being the holder of a foreign passport but has rather chosen to say that he is not in violation of the constitution.
If Dr. Douglas is so sure that he has not violated the constitution and the law, then why is he pleading feverishly with the NGOs, to the Voices of Balance, Fair Play, Objectivity, the Church and the Business Community?
With moral suasion he continued his appeal for intervention, “If the government continues on its path to try to remove from the parliament of our country, one [a person] who has been elected to serve, based on frivolous charges that the government itself knows, do not really exist.”
Dr Douglas, like Donald Trump, continues to think that this matter would yield no results. “It is not so much to know that the court would throw out the matter at the end of the day but it is the unnecessary tension and confusion that will arise from here onwards until the court would have made its decision.”
He appeared to have threatened that such action by the government would have serious consequences. “That could bring serious, serious, disruption in our beloved country.”
The questions people are asking on social media are:
1. If Dr Douglas has a foreign passport and he is sanctioned by the government for his erring action, how is this sanction attempting to silence the voice of the Opposition in our Parliament?
2. Should the Parliament provide Dr Douglas with immunity from prosecution if he should contravene the constitution and the law, just because he was elected by the people to represent them in Parliament?
He then concluded his appeal by pointing out the possible consequences of the TU Government’s action. “… otherwise they would lead to unnecessary confusion and social discord here in St Kitts-Nevis”
In 1993, under Dr Douglas as leader of the Opposition, bottles and stones rained down upon Government Headquarters on Church Street which housed, at that time, Prime Minister Simmonds and his government.
