Appeal Court to hear arguments whether a U.S. Permanent Resident can be a St. Kitts and Nevis lawmaker
BASSETERRE, St. Kitts – A three-judge Eastern Caribbean Appeal Court panel will hear arguments Wednesday whether an opposition lawmaker, who is a Permanent Resident of the United States, is eligible to sit in the St. Kitts and Nevis National Assembly.
A judge of the High Court ruled last October that although opposition Parliamentarian, the Hon. Hamilton is a United States Permanent Resident, it was no concern of the Court and refused to invalidate his election to the lawmaking body.
It is this decision that former St. Kitts and Nevis Government Minister, Mr. Cedric Liburd, who lost to Mr. Hamilton in the January 25th 2010 General Election, is challenging in the Appeal Court which began a one-week sitting on Monday.
The three-judge panel to hear the appeal Wednesday morning will come from Chief Justice, His Lordship Mr. Justice Hugh Rawlins, Justices Her Ladyship, Hon. Ola Mae Edwards, Her Ladyship Hon. Janice Pereira, His Lordship Hon. Davidson Baptiste and His Lordship Hon. Tyrone Chung.
Although High Court Judge, Her Ladyship Indra Hariprashad-Charles found that the Hon. Eugene Hamilton told lies to the United States, Government every time he attempts to enter that country, “it is not a concern of this court.”
“In order to preserve that Green Card, it is mandatory that Mr. Hamilton maintains an unrelinquished lawful permanent resident status in the United States with any absences from that country being temporary. This is the defining characteristic of lawful permanent resident status in the United States. Mr. Liburd insists that in applying for and obtaining the grant of lawful permanent residence, Mr. Hamilton has undertaken to maintain an unrelinquished lawful permanent residence status in the United States,” Justice Hariprashad-Charles had ruled on October 13th 2010.
Mr. Liburd had filed the Election Petition on the grounds that Mr. Hamilton was a United States citizen or a Permanent Resident of the United States (Green Card Holder).
“I dare say that given the media hype which this case has generated, I wonder whether Mr. Hamilton is still the holder of a permanent resident status in the United States even though he is in physical possession of a valid green card. He will know his fate when and if, he attempts to re-enter the United States,” Justice Hariprashad-Charles said in her ruling delivered via teleconference from Tortola.
“I said before, being a Permanent Resident is a “privilege” and not a right. The United States government can take away your permanent resident status under certain circumstances,” said Justice Hariprashad-Charles, who heard arguments at the trial in July and August this year.
“Unquestionably, by being the holder of a Green Card, Mr. Hamilton enjoys certain rights and privileges in the United States. It cannot be gainsaid that with these rights and privileges come concomitant obligations and responsibilities particularly if Mr. Hamilton may choose to become a United States citizen later,” said the High Court Judge.
She ruled that she found evidence that Mr. Hamilton lives and works in St. Kitts and occasionally visits his wife and children in Florida.
Mr. Hamilton had told the High Court under cross examination that he was the holder of a United Sates Permanent Resident Card and that his wife and all his children lived in the United States.
He admitted under oath that as a Permanent Resident of the United States he does not pay taxes, has never paid taxes, has no obligation to pay taxes and is under no obligation to obey the laws of the United States.
“I am not obliged to obey the laws of the United States. I am not obliged to adhere to the laws of their constitution. I cannot have divided loyalties,” was Mr. Hamilton’s response to questions from Counsel. Dr. Henry Browne.
He said he was prepared to give up his United States Permanent Resident (Green Card) “any time, because I do not intend to reside, live or migrate to the United States” and admitted: “When I accepted the Permanent Resident Green Card I had no intention of living in the United States as a permanent resident.”
During the trial on August 13th 2010, Mr. Hamilton said when he went for the interview he satisfied all the requirements, but did not have to indicate to the United States Embassy official conducting the interview, that he had no intention of living permanently in the United States.
Under cross examination by Dr. Barnett, Counsel for the Office of the Attorney General, Mr. Hamilton admitted that his signature on the Green Card indicates that he is a resident of the United States since the 9th July 2003,
”On all occasions when I enter the United States since 2003 I entered as a person holding a permanent resident green card,” said the Hon. Eugene Hamilton in response.
