In January, 2010, Hamilton edged out Liburd by 33 votes and secured the Constituency No. Eight seat as well as a seat on the Opposition Benches in the House of Parliament.
Sometime later, Liburd, former minister of Agriculture, Housing and Cooperatives, filed a motion at the high court, challenging Hamilton’s eligibility to be a candidate for election in the 2010 General Elections. According to Liburd’s grounds for his case, Hamilton was the holder of a United States passport and citizen of the United States and or that he pledged allegiance and adherence to a foreign power, thus making him ineligible to be nominated for candidacy.
In October, 2010, Justice Indra Hariprashard-Charles ruled in Hamilton’s favour and Liburd, MiyVue.com understands, indicated his intention of appealing the High Court’s decision.
The appellant’s case was slated for hearing during the March 2010 sitting of the Eastern Caribbean Court of Appeal sitting in St. Kitts, however, it was adjourned as counsel for both sides failed to file relevant documentation with the court in good time.
Speaking exclusively with MiyVue.com, Hamilton expressed his confidence that the decision of the high court would be upheld and that he would continue in service to the people of his constituency.
“I am confident that the appeal would be quashed. The reasons for the appeal are not well-founded, in my view…They are not based on anything that the judge decided and it seems to me as if they are trying to say that the judge made certain decisions and on this things they are appealing, the judge did not make those decisions.
“For example, in one case the judge said…that there was no need for the Attorney General to intervene….She made the comment…There was no need for him to intervene because there was issue of great constitutional importance to be answered…and the decision did not say she ordered that they did not intervene, in fact, they did intervene and did participate in the case. So she was not quashing their application to intervene. The application to intervene was decided upon and she allowed them to intervene although she did not have to, because she had a right to intervene. You cannot appeal against a comment, you have to appeal against a decision, things determined by the court and that was not the determination of the court so I don’t understand what the appeal is.”
Hamilton told MiyVue.com he has reason to believe that at least $40,000 from the public’s purse has been used in pursuit of Liburd’s case.
“We have known for some time that they were going to appeal and they have been using the positions of government to manipulate the situation, to cause money to be used from the treasury for Cedric Liburd’s case…I have reason to believe that the amount spent on senior counsel is $40,000 for the first case and it will be $40,000 or more for the second case and when they lose, I hope that they recognise that when costs are awarded against them, they also have to try and find the resources very quickly to settle the bill of my counsel in this matter. In fact, it is my bill because I am incurring significant expenditure which I don’t have, defending these matters which are frivolous matters.”