Privy Council could hear review of Election Court decision
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:
The review of the Election Court decision handed down last month, validating all of the protest votes in the Elizabeth by-election, could go to the Privy Council, Attorney General John Delaney told The Nassau Guardian recently.
The Office of the Attorney General is currently conducting a review of the decision, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder on March 23.
"We're having a look to see what avenues might exist with respect to any possibility of having a judicial review with respect to the point of law to the ruling," Delaney said last week.
"Of course there is the position on the statute that on the election court there is no appeal from it. So it's analysis that is presently being done. We'll have to take a look to see whether it is possible to have a review sometime by the Privy Council.
Hours after the decision of the Election Court, Prime Minister Hubert Ingraham said the Office of the Attorney General will review the ruling.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the Free National Movement has concerns about the reasoning behind the decision.
"We were surprised by the reasoning for the decision of the Election Court," Ingraham said. "It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Delaney told The Guardian that the review could result in recommendations for changes to be made to the law.
"If there is to be a review, the venues might be a review of a point of law or sometime akin to a judicial review type thing," he said. "But it's really premature for me to speculate on that at this time because, as I said, we're just taking a look to see about possibilities in that connection."
In the Speech from the Throne read on Wednesday by newly-appointed Governor General Sir Arthur Foulkes, the government pledged to bring legislation to amend the Parliamentary Elections Act.
An official from the Office of the Attorney General told The Guardian that the review would be done in short order.
The official, who did not want to be named, said the review would be conducted to determine what, if any amendments needs to be made to the Parliamentary Elections Act.
"The government asked that we conduct a review and in short order, whatever changes if at all would be communicated to Cabinet and Cabinet would seek to have those changes, if such are recommended to legislation, whatever legislation in the form of an amendment, would be brought to the House of Assembly."
He stressed that a judicial review is not the same as an appeal.
"An appeal might make certain findings, it might overturn certain things that may exist," said the official. "A judicial review or reference makes findings but there is nothing that can be done. So the review can determine that the decision made was not in accordance with the law but it can't overturn the decision or ruling made."
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