Thursday, March 18, 2010

Philip Brave Davis - Progressive Liberal Party (PLP) lead counsel makes final submissions in Election Court

By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:


Mistakes by the Parliamentary Registration Department accounted for some of the confusion which resulted in five people casting their votes on colored ballots during the Elizabeth by-election, lead counsel for the Progressive Liberal Party (PLP) Philip Brave Davis said as he made his final submissions in Election Court yesterday.

"Unfortunately, failures in the parliamentary registration system persist", said Davis.

"And the parliamentary commissioner's failure to ensure the integrity of the registration process and as a consequence the register continues."

He continued, "What is lamentable is that the Election Court has had the occasion to point these facts out and admonished action on the part of the parliamentary commissioner.

"But alas to naught. Here we are again - [almost] three years later," Davis added, referring to the Pinewood election case which he claimed exposed "the most egregious failures in the parliamentary system."

Senior Justice Jon Isaacs interrupted Davis, pointing out that the parliamentary commissioner is "starved of resources." He added that Davis' criticisms seemed unfair. However, Senior Justice Anita Allen said the lack of resources cannot be used as an excuse in this instance.

Yesterday, Davis laid out several reasons why the Election Court should validate the five protest ballots cast in favor of PLP Elizabeth candidate Ryan Pinder.

If at least three of those votes are approved, Pinder would be declared the winner of the February 16 by-election, which ended with Dr. Duane Sands receiving 1,501 votes and Pinder receiving 1,499. If the court only accepts two of the protest votes for Pinder, a re-election would be ordered.

In the case of voter A (as she is referred to protect her identity), Davis said there is overwhelming evidence to support that she is an ordinary resident of the Elizabeth constituency, including the fact that she voted in Elizabeth during the 2007 general election.

Additionally, Davis noted that the third respondent, who is Free National Movement candidate Dr. Duane Sands, met voter A on February 13 at approximately 3 p.m. while campaigning in the area.

Davis said he expected Sands' counsels to bring up that point considering that they are trying to assist the court in the inquiry.

"I am deeply disappointed that we did not have the assistance of the third respondent," Davis said.

"There appears to be no issue as to whether [the voter] lives on Pine Barren Road," he added.

During the course of the challenge, Sands' attorneys suggested that voter A lived in another constituency.

Voter A is not on the register for the Elizabeth constituency. In her evidence she said when her voter's card was initially issued to her in 2007, it listed her address as North Pine Barren Road, which placed her in the Fox Hill constituency.

The voter said she along with her husband and others in her extended family went to the Parliamentary Registration Department some time later to rectify the mistake. She also said she got a new voter's card which listed her address as South Pine Barren Road, thereby placing her in the Elizabeth constituency.

Davis said yesterday that the voter should not be disenfranchised because of the failure of the Parliamentary Commissioner's Office to correct its internal records.

Davis noted that clerical errors made in the register also led to the disenfranchisement of voter C.

He said on voter B's form B (registration form), her voter's card and her passport have her date of birth listed as January 3, 1970, while her form D (counterfoil) and the entry in the register have January 13, 1970. He noted that Parliamentary Commissioner Errol Bethel accepted that there were clerical errors made on form D.

Davis said no further issue affects the voter, and as a result the register should be rectified accordingly.

In relation to voter E, Davis said she should not have been made to vote on a colored ballot. According to him the voter produced sufficient means to cast her ballot.

Voter E was challenged on the grounds that she did not live in the constituency. However, Davis pointed out that an examination of her voter's card and forms B and D reveals a discrepancy in her address.

Her B and D forms B show her address as South Sandilands Village Road, West Fox Hill Road, East Alligator Court. Her voter's card shows the same address, but East Alligator Road is recorded instead of 'Court'. However, neither East Alligator Road or Court were included on the register because of computer constraints, Davis said, which resulted in the voter having to cast her vote on a protest ballot.

Davis said the vote should be allowed because the presiding officer misdirected himself in permitting the voter to cast her vote on a colored ballot. He added that the voter should not be disenfranchised because of that misdirection.

In the case of voter D, Davis said her name should have never been removed from the register.

"The parliamentary commissioner's act was contrary to law," said Davis.

As reported in The Nassau Guardian last week, the address on voter D's counterfoil was originally marked as 152 Commonwealth Boulevard, South Malaysia Way. However, Parliamentary Commissioner Errol Bethel told the court that the Parliamentary Registration Department changed it to North Malaysia Way.

The parliamentary commissioner said that this was done after voter D had already sworn an oath that the original address was correct.

Bethel admitted that both the counterfoil and the oath were changed after he authorized the voter's name to be placed on the Yamacraw register.

He said he did not recall whether he notified the voter when the change was made.

Yesterday, Davis said that according to Section 25 of the Parliamentary Elections Act, the day after a writ of election (issued by an executive authority requiring that an election be held) is ordered no name or entry can be removed from any of the appropriate parts of the register until after the poll day.

He noted that Bethel acknowledged the voter's name was removed on January 30.

"The parliamentary commissioner's act was contrary to law," Davis said.

He added that the parliamentary commissioner should have allowed the name to remain on the register and flagged or challenged the vote on election day.

Finally, in the case of voter F - who moved to Elizabeth in 2006 but did notify the Parliamentary Registration Department of the address change - Davis said the act of applying for a transfer is discretionary and not one that any voter is obligated to do.

He said it is the duty of the Parliamentary Registration Department to ensure that people are registered in the correct constituency.

Voter F told the court earlier this week that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. She noted that her current voter's card places her in the Yamacraw constituency, but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. Yesterday Davis said because she is a resident of the constituency and has already voted, the vote should be counted.

Pinder, who is the petitioner, is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.

In addition to Davis, Pinder is represented by attorneys Valentine Grimes, Wayne Munroe and Keod Smith.

Sands is represented by attorneys Thomas Evans, QC, and Milton Evans.

Evans, QC will make his final submissions today. Attorney David Higgins of the Office of the Attorney General, who is representing Parliamentary Commissioner Bethel and Returning Officer Jack Thompson, is expected to close out the submissions portion when Evans is done.

After that, Senior Justices Anita Allen and Jon Isaacs are expected to deliberate on which if any of the five protest votes will be accepted.


March 18, 2010

thenassauguardian

Wednesday, March 17, 2010

Paul Moss resigns from the Progressive Liberal Party (PLP)

By Keva Lightbourne~ Guardian Senior Reporter ~ kdl@nasguard.com:



Attorney Paul Moss, who mounted an unsuccessful challenge against Perry Christie for the leadership of the Progressive Liberal Party at its November 2009 convention, has resigned from the PLP.

"The same careful and considered deliberations that I referenced in 2007 have now propelled me to this decision," said Moss, who became a card-carrying member of the party in May 2007.

"Then I felt that the PLP was at the stage where it would have to regroup and rebuild. I believed that the party needed an injection of new blood to shore up and bolster not just its image but its very existence. I advocated that the party should keep all that was good and solid, while identifying, embracing and utilizing new talents with which to build.

"Almost three years later, that has not happened. Much of the PLP leadership belongs to an earlier generation, where old ideas and old ways of doing things remain, stubbornly the order of the day. There appears to be no room or patience for fresh, new perspectives. And so the time has come for me to make my exit."

The statement announcing Moss' departure from the PLP was sent from his Dominion Management office on Montrose Avenue. Moss is reportedly in Zurich, Switzerland.

When contacted yesterday for comment, PLP chairman Bradley Roberts said he had not received the letter of resignation, but gathered that the move was made.

"We would just like to wish Mr. Moss all the success in whatever he is going to be doing," Roberts said.

He also expressed personal views in responding to the resignation.

Roberts said, "Mr. Moss is clearly not a team player. He seems to be an individual who is a loner. He wants to be able to act as though he is a part of an organization, but then again as an individual. He obviously had difficulties working within the framework of the Progressive Liberal Party or may indeed have problems working in any other political party, but nonetheless we wish him all the best."

Roberts added that people come and go in political organizations all the time.

"It's no big deal," he said.

Moss suffered a big defeat in that leadership race where he was only able to garner 23 votes to Christie's 1,158 votes. Bain and Grants Town MP Bernard Nottage, who also vied for the leadership position, captured 204 votes.

That win for Christie silenced many critics within and outside the PLP, as he secured more than 80 percent of the votes cast, cementing his place as the unquestionable leader of the party.

According to some political observers, Moss' decision to run against the top man in the party dealt a serious blow to his political aspirations.

But that has not deterred Moss from forging ahead as he still plans to seek a seat in Parliament.

He plans to run as a candidate in St. Cecilia in the 2012 general election.


March 17, 2010

thenassauguardian

Tuesday, March 16, 2010

Election Court Bahamas: Court hears that three protest voters did not live in Elizabeth

By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:



The names of three of the five people who voted on protest ballots in favor of Progressive Liberal Party candidate Ryan Pinder on February 16 are not on the Elizabeth register, according to evidence given by Parliamentary Commissioner Errol Bethel yesterday.

Bethel told the Election Court that voters A, D, and F — as they are referred to in court to protect their identities — were registered in neighboring constituencies.

Voters D and F are registered in Yamacraw, while voter A is registered in Fox Hill, according to Bethel, who took the stand for the second day yesterday.

Pinder wants the court to rule that the five protest votes cast in his favor are valid. If at least three of those votes are approved, he would be declared the winner of the election.

During cross-examination by attorney Milton Evans, who represents Free National Movement candidate Dr. Duane Sands, Bethel said the voters were placed on the various registers because of the information provided by them about their addresses.

He said it was not a mistake that they were registered in those constituencies. Rather, Bethel said it was a conscious decision.

He added that before the 2007 boundary change, voter A was in the Elizabeth constituency. However, Bethel said when the boundaries were cut during the run-up to the general election, the voter was transferred to the Fox Hill constituency.

He estimated that the boundary change affected tens of thousands of people.

The parliamentary commissioner also said he would not be surprised if there were other voters holding voter's cards for the wrong constituency.

Senior Justices Anita Allen and Jon Isaacs, who are presiding over the case, asked whether the parliamentary commissioner attempted to clean up the register since the last general election.

Allen noted that more than two years have passed since the general election and wondered whether the parliamentary commissioner would have an obligation to fix the register.

However, Bethel said changes are only made when voters initiate the process. He said when voters move, it is their obligation to notify the Parliamentary Registration Department.

After Bethel left the stand, voters E, C, and F testified briefly.

When questioned by Pinder's lead counsel Philip Brave Davis, voters E and C told the court that the affidavits that they signed were true and correct.

Voter F told the court that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. However, she could not recall which constituency she voted in.

She noted that her current voter's card places her in the Yamacraw constituency but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. She admitted, however, that she never notified the Parliamentary Registration Department about the move and therefore was never transferred to another constituency.

The voter, who did not have her voter's card yesterday, is expected to return today to continue her testimony.

Voter A's husband also testified yesterday.

He told the court that he and his wife have lived on South Barren Road in the Elizabeth constituency since 2006.

He said when his wife received her voter's card in April 2007, she noticed that she was registered in the Fox Hill constituency. The man said when she realized that, she went to the Parliamentary Registration Department to have it changed to Elizabeth. Voter A's husband said his wife eventually got the card corrected and subsequently voted in Elizabeth during the 2007 general election.

Under cross-examination, voter A's husband said he and his wife often visit his mother's house, which is in the Yamacraw constituency. He said sometimes they stay there for as long as a month. He said his mother is a cancer patient and they go there to help her out. He denied that he rents an apartment in the Yamacraw constituency.

Voter's A adopted father also offered similar testimony. He said voter A lives with him and about 45 other people in the Elizabeth constituency. He explained that they run a charity that assists the homeless.

He said both he and voter A met Pinder and Sands while they were campaigning in the days before the by-election.

Returning Officer Jack Thompson also took the stand briefly yesterday.

He confirmed that there were six protest votes — five for Pinder and one for Bahamas Democratic Movement candidate Cassius Stuart.

The Elizabeth by-election ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.

Pinder is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.


Tuesday March 16, 2010

thenassauguardian


Free National Movement (FNM) Chairman Carl Bethel accuses paper of 'character assassination'

tribune242:


FREE National Movement Chairman Carl Bethel has criticised a local tabloid newspaper for what he has described as a continued "campaign of character assassination".

Responding to an article which appeared in The Punch last Thursday, Mr Bethel claims The Punch has continued to misrepresent his achievements during his tenure as Minister of Education.

He also stated that despite reports, he at no time expressed any interest in rejoining the FNM Cabinet.

In a letter, Mr Bethel said: "The Punch, in an obvious and sustained campaign of character assassination, continues to propagate outright lies about me. In the Thursday, March 11, edition this pattern of attack has been repeated and expanded."

Mr Bethel further stated: "The Punch has continued to misrepresent the achievements of my tenure as Minister of Education. For the record, I was the Minister who conceived of, and set up, the Sexual Complaints Unit in the Ministry of Education, with the hardworking members of my staff, not Minister Desmond Bannister, as was untruthfully claimed in The Punch.

"The Sexual Complaints Unit was set up at my command when it became clear that the ministry had no institutional mechanism, or capacity, to appropriately and expeditiously investigate all complaints involving alleged sexual misconduct by teachers and support staff in our schools." Mr Bethel stated.

According to Mr Bethel, he was more concerned with ensuring a safe environment for students in every school in The Bahamas.

"That achievement is among other positive initiatives which I left for Minister Bannister and every succeeding Minister of Education, and for the benefit of generations of Bahamian students to come," Mr Bethel stated.

He added: "At no time did I ever ask to re-join, or even so much as hint to anyone, that I was interested in re-joining the Cabinet. In fact, had I been asked to re-join the Cabinet in any capacity, at this time, I would have refused for the same reasons that I decided to resign from it in November 2009 namely, that the Party needed a Chairman to help prepare it for the next general elections."

Mr Bethel noted that he had resigned from the FNM Cabinet so that he could do all in his power to help the party prepare for the next general elections.

"Those reasons have not changed, and I am not interested in returning to Cabinet until that job is done," he stated.

March 15, 2010

tribune242

Monday, March 15, 2010

Theresa Moxey-Ingraham is on the money!

By Dennis Dames:


I am so proud of the Hon. Theresa Moxey-Ingraham, and her recent public remarks regarding gambling for all adults in The Bahamas who wish to do so. She in on the money when she pointed out the waste of police resources in raiding web shops where peaceful and personal activities take place in a licensed environment.

It is a joke, and has always been - as the late Mr. Percy Munnings – a former chairman of the PLP, and others were allowed free reign in their day to sell numbers to a peaceful number-buying Bahamian community. There were few police raids then that made no sense - as they do jokingly today.

I agree with all Ms. Moxey-Ingraham had to say in this regard; and indeed - the time has come for us to amend our gambling laws so that Bahamians and other residents alike could gamble freely without having to look over their shoulders. We deserve it, and it is long over-due in my view.

The only thing that I do not agree with Ms. Moxey-Ingraham with - is her early retirement from Bahamian politics; especially in light of her ongoing crusade to fight for equal opportunities for those of her sex.

March 15, 2010

Bahamas Blog International

Former Government Minister Theresa Moxey-Ingraham speaks out against anti-gambling laws

By ALISON LOWE
Tribune Staff Reporter
alowe@tribunemedia.net:



A FORMER FNM minister and MP has lashed out at the Government and police, accusing them of "terrorising peaceful citizens" as they continue to enforce anti-gambling laws.

Theresa Moxey-Ingraham yesterday described the use of "valuable police resources" to raid web shops where members of the public are "engaging in peaceful and personal activity within the precincts of a licensed business establishment" as a "travesty".

"In a time when crime is rampant, known criminals are on the loose and traffic violations are the order of the day, there is so much of greater value for our Police to pay attention to," said the ex-cabinet minister.

Mrs Moxey-Ingraham made her comments yesterday in a letter to The Tribune, written in her capacity as a member of the Bahamas Gaming Reform Committee. The BGRC wants to see a relaxation of the Bahamas' anti-gaming laws to allow Bahamians and Bahamas residents to gamble.

It claims the laws prohibiting them from doing so, while visitors can at will, are discriminatory and are causing The Bahamas to lose its competitive touristic standing in the region, among other things.

Referring to the enforcement of the laws, which the BGRC consider outdated, Mrs Moxey-Ingraham, who served as MP for Golden Gates from 1992 to 2002 and held numerous ministerial portfolios under the former Ingraham administration, said the "time has long come and gone for this nonsense to stop".

Her comments come in the wake of recent raids on web shops in New Providence, in which a number of customers and employees were taken into custody, and cash was seized by police.

At the time of one of those raids - that of the Collins Avenue location of the Island Luck web cafe on Tuesday March 9 - a number of officers admitted to The Tribune that they saw "no sense" in what they were doing as the numbers house would in all likelihood be open for business again in 24 hours - along with the countless others throughout the length and breadth of the country.

Mrs Moxey-Ingraham said: "Government should not be in the business of making criminals and fugitives out of its citizens, especially over matters such as gaming which can be classified as a 'victimless' activity.

"Our citizens and residents ought to enjoy the same recreational privileges as visitors to these shores, and they have shown by their quiet persistence and their determination that despite feeble attempts by government and the Police to stop them, they fully intend to take ownership of their inherent right to equal treatment within this country."

She suggested that the fact Bahamians continue to frequent numbers houses in large numbers could be taken by the Government as a sign that it is time to legalise the activity.

"Peaceful, forceful civil disobedience is often the people's way of bringing home a message to government about the need to change discriminatory laws and policies, and the continued, indeed growing presence of web cafes across our landscape should be understood as a serious message to government about the need to adopt a new policy direction as regards gaming for Bahamians," said the former minister.

March 15, 2010

Sunday, March 14, 2010

Election court Bahamas: Parliamentary Commissioner Errol Bethel questioned

By NATARIO McKENZIE
Tribune Staff Reporter
nmckenzie@tribunemedia.net:



PARLIAMENTARY Commissioner Errol Bethel was questioned extensively yesterday regarding discrepancies in the protest votes cast in the Elizabeth by-election.

Mr Bethel was the first and only witness to take the stand yesterday during day two of the Elizabeth election court hearing.

Philip "Brave" Davis, lead attorney for Progressive Liberal Party candidate Leo Ryan Pinder, opened yesterday's proceedings by outlining the election court petition.

Mr Davis then read into the record the affidavit of Stafford Coakley, a licensed surveyor. According to Mr Coakley's affidavit, Mr Pinder -- the petitioner -- had asked him to mark out the residences of the protested voters on a map of the Elizabeth constituency. According to the surveyor, all but five of the protest voters resided in the Elizabeth constituency. The surveyor found that one of the voters in question lived at a home in Commonwealth Boulevard which does not fall within the boundary of the Elizabeth constituency.

When Mr Bethel took the stand, attorney David Higgins who represents him and Returning Officer Jack Thompson, read his affidavit into the court's record. Mr Davis then began his cross-examination of Mr Bethel. During the cross-examination, Mr Bethel admitted that a part of his duty was to verify whether persons whose names appeared on the register were in fact there. He said that his duties were to advise persons of the fact that they were not on the register if it came to his attention. Those notices he said could be sent to their addresses.

Letters are being used to identify the voters whose votes are being protested in the proceedings -- in order to protect their identity. Mr Davis pointed out that the issue with Voter A was over two different listed addresses.

Mr Davis noted that the voter had one address that would put the voter in the Fox Hill Constituency and another that would put the voter in the Elizabeth constituency. He noted that on the voter's card the word Elizabeth was written over Fox Hill. Mr Bethel said that Fox Hill had been stamped over Elizabeth. He said that Fox Hill had been stamped there just prior to the May 2007 general elections. Polling division 12 is now in Fox Hill he said. The other listed address for the voter was South Pine Barren Road, West Barn Close. Mr Davis pointed out that according to the voter's card, voter A was in Elizabeth polling division 4. He pointed out that the voter had voted in May 2007 and in the same constituency in February 2010. Mr Bethel said he could not confirm which was the correct address. He accepted Mr Davis' suggestion that the register had to be corrected or voter's card cancelled and a new one issued in this case.

In relation to a voter identified as voter C, the issue arose as to what appeared on the counterfoil relative to the voter's date of birth. It was revealed that the date of birth listed on the register was different than that listed on the counterfoil. Mr Bethel admitted that the error was on the counterfoil. In relation to a voter identified as voter E who appeared in polling division 8, Mr Bethel pointed out that the discrepancy over the omission of Alligator Close to the voter's address listed on the register was because the computer could only take so many characters. The voter's full address would have read South Sandilands Road, West Fox Hill Road, Alligator Close.

In relation to voter D who voted in polling division 7, Mr Davis noted that in the constituency column, the word Elizabeth had been there but was crossed out and replaced with Yamacraw. He also pointed out that in the polling division column; seven was marked out and replaced with 8. This was also reflected on the counterfoil. Mr Bethel admitted that the address West Commonwealth Boulevard, South Malaysia Way would be in the Elizabeth constituency but the S for South was marked out and N for north was placed there instead, which would place the voter out of Elizabeth. Mr Davis pointed out that the oath taken by the voter also contained corrections. In the oath the voter had sworn that they lived in Elizabeth. Mr Bethel subsequently admitted that the corrections had been made by his office. Mr Bethel contended that the error was that the voter was obviously in the wrong constituency. Mr Davis suggested to him, however, that he was wrong to direct that such corrections be made. Mr Bethel, however, did not accept this suggestion. Mr Davis concluded his cross-examination yesterday by highlighting voter F. According to Mr Davis, voter F had been a registered voter from November 23, 2005 and had been placed in the Yamacraw constituency, polling division 6. Mr Bethel, however, told the court that he had never encountered the voter.

The election court hearing is expected to resume on Monday at 10.30 am. Dr Sands' legal team is expected and attorneys for Mr Bethel and Returning Officer Jack Thompson are expected to begin their cross-examination.

March 13, 2010

tribune242