KINGSTOWN, St. Vincent, Sept 30, CMC -Prime Minister Dr. Godwin Friday and his Foreign Affairs Minister Dwight Fitzgerald Bramble were asked repeatedly on Tuesday why they chose to maintain their Canadian citizenship as the faced cross-examination over their dual citizenship in the high-stakes election petition that continues on Wednesday.
Trinidad-based Senior Counsel, Stuart Young told reporters that there were ample opportunities for both the prime minister and Bramble to renounce their Canadian citizenship.
“And you would have also heard the question being asked repeatedly, ‘Well, why did you want to hold on to your Canadian citizenship … when you want to serve the people of St. Vincent and the Grenadines?’ and that really, from a factual point of view, is something that is quite important,” Young added.
Prime Minister Friday acknowledged that he holds Vincentian citizenship by birth and Canadian citizenship by naturalisation, obtained in 2011. He said he continues to use his Canadian passport for practical reasons and maintained that his Canadian citizenship does not prevent him from serving as a Member of Parliament.
Friday and Bramble are respondents in petitions filed by defeated Unity Labour Party (ULP) candidates Carlos Williams and Luke Browne, who are challenging their eligibility to sit in Parliament following the November 27 general election last year.
Williams lost to Dr Friday in the Northern Grenadines constituency, while Browne was defeated by Bramble in East Kingstown as the New Democratic Party (NDP) won 14 of the 15 seats with only former prime minister Dr. Ralph Gonsalvves as the lone successful candidate for the then ruling ULP..
The petitioners argue that the two parliamentarians hold Canadian citizenship, which they say violates constitutional provisions concerning allegiance to a foreign state.
The petitioners, led by Young, presented their case in July, including testimony from a Canadian constitutional expert, while the respondents, led by another Trinidad-based Senior Counsel Anand Ramlogan, began presenting their case this week.
Following Tuesday’s court session, Prime Minister Friday left without making his customary comments to reporters and Young later expressed strong confidence in the day’s proceedings.
Asked by reporters about the focus on why the respondents chose to retain foreign nationality, Young indicated that the media had identified a central pillar of the petitioners’ case.
“You know, you wait until the end of a case and submissions and the decision of the judge, but certainly, what you would have seen is a very focused cross-examination, and you’ve spotted one of the points, and in particular, that is going to be one of the matters that will be considered in this trial of these election petitions,” Young said.
Young said he had also raised questions during the proceedings regarding specific bills that have been laid in Parliament to amend the constitutional provisions.
“So I don’t want to say much at this stage, but if something isn’t necessary, then that becomes a question, so let’s see how the rest of the week goes when we close the evidence, we come back and make closing submissions”, Young said, adding that the petitioners continue to feel quite good about the trajectory of the case.
Asked specifically what he would say to members of the St. Vincent and the Grenadines public who believe it is more of a disservice for a prime minister to be constantly bogged down in court than to hold a passport to another country, Young replied by putting the responsibility squarely Friday’s shoulder.
“He chooses to be here. He chooses to hold a Canadian passport. That’s for the prime minister,” Young replied.
Friday was questioned on his understanding of constitutional provisions regarding dual citizenship, as well as his comprehension of heads of state in other Commonwealth territories and their constitutional implications.
Among those also appearing on Tuesday in the matter being heard by High Court judge, Justice Gertel Thom, was the Trinidad-based political scientist Professor Hamid Ghany who was cross-examined virtually on a specialised report analysing the Commonwealth and the political aspects of regional constitutions.
The proceedings continue on Wednesday with other key expert witnesses providing specialised analysis relevant to the constitutional definitions in the case.
On Monday, Canadian legal expert Joel Goberman gave evidence regarding the constitutional meaning, rights, and responsibilities of the citizenship oath.
Goberman, an attorney with over 40 years of experience appeared virtually from Italy to assist the court in understanding foreign jurisdiction and the legal framework, rules, and responsibilities tied to Canadian citizenship.
During extensive cross-examination on a comprehensive expert report he prepared for the matter, Goberman informed the court of the specific rules and responsibilities of a Canadian citizen, the administrative procedures required for acquiring a visa and naturalised citizenship, as well as the fundamental legal weight and importance of allegiance.
“So his evidence is pretty important in that regard because it means that it’s a symbolic oath that demonstrates commitment to a form of government that is very much aligned with that of Saint Vincent and the Grenadines and the wider Commonwealth Caribbean,” Ramlogan told reporters.
He said his client has always been entirely upfront about his dual citizenship status throughout his career as a Member of Parliament, which began in 2001.
“This objection has never been taken before until the people elected him with an overwhelming mandate as prime minister.
“So, having served for such a long time, it being an open secret that he was a citizen of Canada and St. Vincent and the Grenadines … it’s amusing that when he’s elected as prime minister, all of a sudden you have all these … chorus of voices … being channelled through the leader of the opposition, no doubt, the opposition party,” Ramlogan added.
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