In February defeated labor candidate for constituency# 8 Cedric Liburd filed a petition claiming that Hamilton was ineligible for election on nomination day January 15th and further asking the court to declare his election null and void and of no legal effect.
The basis of Liburd's petition was that Hamilton was the holder of a US Passport which made him a US citizen and as such in violation of the consitution which states that one cannot stand for nomination for election if they hold citizenship of another country. Despite claiming that they were in possession of documents to confirm the allegation made in the petition, Liburd failed to present any such evidence.
The Attorney Generals office intervened in the case on behalf of the petitioner Cedric Liburd according to the government "in the interest of the public". This means the taxpayers of the country are baring the burden of the bill on behalf of Liburd. After it was revealed that Liburd in fact had no evidence to support his allegation of a Hamilton US Passport or citizenship his legal team and the Attorney General;s office shifted the claim and focus of the petition from US Citizenship to the pledging of allegiance and adherence to a foreign power which they claim was applicable in Hamilton's case. Hamilton voluntarily declared to the court that he in fact holds a US Green Card and the argument of his legal team was that the holder of a US Green CARD does not have any adherence or pledged allegiance to the United States. Hamilton's argument was well supported by expert witnesses including noted US Immigration Lawyer Sherfield Bowen as well as Liburd and the government's own star witness Mr. Ted Sciapari who both declared that the holder of a US Green Card DOES NOT have any adherence or pledged allegiance to the United States of America.
The Hon Hamilton had contended since day one of the petition that it was nothing more than the labour party's continued and sustained smear campaign. During the lead up to the January 25th elections Hamilton was the focus of the most vicous smear campaign ever unleashed on a political candidate in St.Kitts-Nevis. Hamilton was not only the victim of character assassination and defamatory statements but was also physically attacked when an unknown assailant struck him in the face with a rock which resulted in him having to travel overseas for medical treatment.
The respondent Mr. Hamilton was represented by the Hon. Vincent Byron Jr. and Terrence V. Byron.
Liburd was represented by the Attorney General's office through Dr. Henry Stogumber Browne and noted Jamaican Lawyer Dr. Lloyd Barnet.