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Election Petition Case: Application for leave to appeal decision of Judge, dismissed

An Application for leave to appeal the decision of High Court Judge Justice Patrick Thompson Jr., in connection with an Election petition filed by Ms. Jaedee Caines against Minister Spencer Brand, was dismissed on Wednesday Oct. 25th, in the Court of Appeal.

 

 

 

In February 2023, Justice Thompson Jr. ruled that the case submission for Ms. Caines’ election petition was filed outside of the 21-day requirement for the valid presentation of election petitions and was therefore “a nullity and is struck out and dismissed”.

 

 

 

The petition challenged the results of the Nevis #1 (St. Paul’s Parish) seat in the Dec. 12th 2022 Nevis Island Assembly Election, in which CCM (Concerned Citizens Movement) won 3 of the 5 seats, while NRP (Nevis Reformation Party) won 2 seats. Ms. Caines filed her petition on Jan. 10th 2023. Ms. Caines, who was the NRP Candidate for the St. Paul’s Parish, lost to the incumbent CCM’s Mr. Brand by 27 votes.

 

 

 

Mr. Brand was represented by Leigh-Anne Wellington and Mr. Brian Barnes of Daniel-Brantley Law firm in the case, and the latter, told the VONNEWSLINE that “as it relates to Ms. Jaedee Caines, all attempts to now challenge the decision of the lower court is over and done with, Ms. Caines matter is no more.” The Court of Appeal is the final court for election matters.

 

 

 

As it relates to Minister Spencer Brand, “he now has the task to pursue his costs that were granted in the court below (High Court) and in the Court of Appeal, on the dismissal of the leave application before.”

 

 

 

Furthermore, Mr. Barnes confirmed to the VONNEWSLINE that “an application has filed for the assessment of costs in the High Court and that matter is now pending a date for hearing”. The VONNEWSLINE contacted Ms. Caines for comment on the matter, but to no avail.