By KENNETH WILLIAMS
A resident of the East Basseterre constituency has filed a constitutional motion requesting the High Court to rule whether Hon G.A Dwyer Astaphan should continue as a member of Parliament.
Elsroy N Dorset a security guard and a well known activist of the Dr Henry Browne-led United National Empowerment Party (UNEP) is seeking “a declarative judicial interpretation of the meaning, scope, ambit and intent of section 28 (1) (a) of the constitution order of the Saint Christopher and Nevis with specific judicial interpretation of … (a) by virtue of his own act,
(b) under any acknowledgment of allegiance, obedience or adherence” and
(c) A foreign.” According to a Court Paper filed with the Basseterre High Court August 31.
Mr. Dorset has asked the High Court to declare that G. A. Dwyer Astaphan is a person who is by his own act under an acknowledgement of allegiance, obedience or adherence to a foreign power or state by virtue of his acknowledged Citizenship of Canada within the meaning of section 28 (1) of the St. Christopher and Nevis constitution order and is thereby disqualified from holding a seat in the National Assembly.
He (Mr. Dorset) is further seeking a declaration that G.A. Dwyer Astaphan is disqualified from sitting as a member of the National Assembly. He is also seeking that the Court orders G.A Dwyer Astaphan to vacate his seat in the National Assembly of the Saint Christopher and Nevis with immediate effect.
Mr. Dorset is seeking the court to direct the Speaker and Deputy Speaker not to allow Mr. Astaphan a seat in the National Assembly.
Dorset has also asked the Court to direct the Attorney General to take such action to prevent Mr. Astaphan from sitting in the Assembly provided that his (Dorset) motion is successful.
Dorset according to the documents he filed in the High Court is 48 year old and claims to be entitled to vote and he voted in the constituency number 2 where he lives.
Up to press time no date was set by the Court for the motion, which was filed by the law firm of Inniss and Inniss on the behalf of Mr. Dorset.
