By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:
While expressing disappointment in the Election Court result, defeated Free National Movement Elizabeth candidate Dr. Duane Sands indicated that he expects to run again for the constituency seat and to be successful in the next race.
"I want to say thank you to the people of Elizabeth. They are truly the victors here. They are the people that this is all about and certainly I look forward to representing them in the House of Assembly, and that they could bank on," said Dr. Sands outside the Supreme Court yesterday.
Dr. Sands was ahead by two regular votes after the Elizabeth recount.
However, the Election Court yesterday allowed all five protest votes cast for Progressive Liberal Party candidate Ryan Pinder, making Pinder the MP-elect for the constituency.
"Well I think, obviously, this is a disappointing ruling but I think in our democracy we certainly must pay respect to the edict, or the ruling of our justices. We'll sit and reflect and we'll make a determination as to what the next step is," said Dr. Sands.
FNM chairman Carl Bethel said that the judges made "new law" in making the determination that led to yesterday's decision.
In the case, the FNM did not accept that all the constituents who voted on protest ballots were legally entitled to vote in Elizabeth – the FNM eventually conceded that voters C and E were entitled to vote.
The court, however, validated all five votes for the PLP and another for Bahamas Democratic Movement candidate Cassius Stuart.
This case was the first under section 69 of the Parliamentary Elections Act.
This part of the Act refers to the procedure to determine elections when the number of protest votes cast outnumber the margin of victory in an election.
National Security Minister Tommy Turnquest said that amendments to the Parliamentary Elections Act may be necessary as a result of the ruling.
"It (the ruling) speaks to where a person is eligible to be registered, at what stage if they move should they be transferred off the register and whose responsibility that is to have them transferred," he said.
"And so obviously there will be questions that we will have to look at as a Parliament — as a country — and determine in the most broadest consultative way how we want to move forward in our parliamentary democracy to ensure free and fair elections."
There are no appeals of the decisions of the Election Court.
Bethel said, however, that there may be some legal points they may be able to appeal to some court in order to look at the constitutional validity of parts of the decision in the Elizabeth Election Court case.
March 24, 2010
thenassauguardian
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
