Astaphan happy with Court hearing, Justice Ward gives orders for both sides to respond to new submissions

Published 30 May 2018

Buckie Got It, St. Kitts and Nevis News Source

By: Media Source

Astaphan happy with Court hearing, Justice Ward gives orders for both sides to respond to new submissions

Basseterre, St. Kitts, May 30, 2018 – Senior Counsel Anthony Astaphan said he is happy with Wednesday’s proceedings in relation to the Dominica Diplomatic Passport case in the civil matter the Attorney General Hon. Vincent “Juicy” Byron brought against Leader of the Opposition and Parliamentary Representative, the Right Hon. Dr. Denzil L. Douglas.

“The issue today is under the circumstances that Dr. Douglas received the passport has led to his qualification under the laws of St. Kitts and Nevis,” Senior Counsel Astaphan told reporters after the hearing before His Lordship, Hon. Trevor Ward.

Astaphan said the position of the defence team is very simple.

“That is going to require the High Court to make a determination of Dominica’s law on a number of issues including citizenship, statutory requirements and obligations and oaths for passports – ordinarily, diplomatic or otherwise – and that we cannot simply rely on the common law or lawyers merely citing statutes made by parliaments in St. Kitts and Nevis and more particularly, as previously, the courts in St. Kitts and Nevis were obliged to take extra territorial jurisdiction of laws in the Commonwealth which would have included Dominica but that was repealed. We are concerned about the effect of that repeal,” Senior Counsel Astaphan explained.

“Does it mean that the judge can no longer merely say that we are no longer a part of the Eastern Caribbean Supreme and therefore ‘I can take judicial notice when the statutory authority that gave him that has been repealed? In the final analysis, that is for the Judge to decide,” said Astaphan.

Stating he was happy with the way it went, the Dominica-born prominent attorney disclosed that the defence team has a full understanding of Dominica’s law.”

“Initially the Attorney General’s case was on the premise of citizenship “which the letter from the Ministry of Foreign Affairs in Dominica has completely debunked.”

Based on the submissions from both sides – Douglas Mendes  QC for the claimant and Anthony Astaphan SC for the defendant, Justice Trevor Ward  QC gave specific directions and set a hearing for June 15.

Dominica’s Prime Minister Hon. Roosevelt offered Dr. Douglas, a Diplomatic Passport after St. Kitts and Nevis Prime Minister refused to approve a St. Kitts and Nevis Diplomatic Passport to the former prime minister and presently Leader of Her Majesty’s Loyal Opposition.

Photo (left to right), Senior Counsel, Anthony Astaphan, former Attorney General, Dr. Dennis Merchant and Leader of the Opposition, Rt. Hon. Dr. Denzil L. Douglas at the Court House on Wednesday.