‘A phenomenal burden’
By CANDIA DAMES
Guardian News Editor
candia@nasguard.com
A closer look at the impact of crime on PMH
The high level of violent crime is stretching resources all around, and officials at Princess Margaret Hospital (PMH) know that all too well. “I think that it has been said repeatedly that the impact of violence, crime, accidents on the public health care system has been almost overwhelming,” said Senator Dr. Duane Sands, who is consultant surgeon at PMH.
“The national statistics would seem to suggest that we have a murder count of whatever. In reality that number, the number of absolute deaths from violence belies the real problem.
“And this is not a new phenomenon. This is something that has been going on now for at least a decade.”
But Sands noted that the hospital continues to see more gunshot victims than in the past.
“We see on average in this country, in excess of 400 major stabbing or shooting traumas (every year),” he added.
“What has happened in the last three years is we’ve seen the knife been replaced by the gun. And so what that does to the emergency room, what that does to the operating room, the Intensive Care Unit and the wards is put a phenomenal burden [on them].”
According to information provided by Sands, in 2000, there were 323.6 assaults recorded for every 100,000 inhabitants in the United States.
By extrapolation, The Bahamas might anticipate 900 to 1,000 assaults per year.
Instead, it is recording more than 3,000 at PMH alone.
“We live in one of the most violent countries in the world,” he noted in a recent presentation at the Medical Association of The Bahamas conference.
“Trauma is a major public health problem.”
Sands noted in an interview with National Review that Medical Advisor to the Public Hospitals Authority Dr. Glen Beneby recently released a report that examined occupancy rates in all of the hospitals that fall under the PHA.
He said while there is no question that PMH is challenged on most wards (Pediatrics, Gynecology, Obstetrics etc.), occupancy rates on the surgical wards range from 92 percent to 104 percent.
Hospital officials have created another ward in what used to be the out patient area of PMH.
“If we look at the impact on the operating room, the operating room basically has now been forced to focus on emergencies and trauma,” Sands said.
“If you look at the impact on the Intensive Care Unit, the Blood Bank; if you look at the impact on the pathology lab (it’s great).”
This means that on many occasions, elective surgeries are constantly put off, Sands noted.
“And so if you look at the impact on health care in general from violence, it is a lot more significant than just the numbers we are seeing in the public,” he said.
“Resources are indeed stretched and we take this as a duty. We have to respond. And so the hospital responds however we can.”
What the public sees from this growing problem is increased waiting times, a shortage of blood at the Blood Bank and the postponement of those elective surgeries, as mentioned.
“This is the real impact of the violence and trauma on regular, ordinary people,” Sands added.
“It is a big, big problem.”
A RISKY ENVIRONMENT
“If you look at the impact of all of the violence and trauma, let’s take my house staff in surgery or in the emergency department, they are constantly exposed to the most outrageous forms of violence — seeing people beaten, stabbed, raped, molested etc.,” Sands told National Review.
“It is almost surreal, the impact on these individuals...They see the worst of people every single day. You couple that with a public response, which is not terribly supportive...and while we understand this, bear in mind that those two things put together create a very challenging emotional and psychological environment that we try to provide support for.
“To be very candid with you I don’t think we do as good a job as we should.”
The high stress level for the medical professionals is sometimes worsened when street fights continue into the emergency room.
“Notwithstanding that we have beefed up security significantly, it is not foolproof,” Sands said.
The government spends a significant amount on initiatives to provide a safe environment for staff and patients, noted Coralee Adderley, PMH administrator.
She said there may be a need to improve security even further.
“I would say that 20 years ago as a young administrator the weekend report, when you got [it] on a Monday morning, a stab here or there, a gun shot once a month was a big story,” she said.
“Now it’s almost every day and that’s a huge cause for concern.
“Any particular evening you can find that the emergency room is inundated with shootings, stabbing and so forth.
“That coupled with the fact that a lot of these patients, once they are admitted to hospital are in police custody. So that creates another dynamic for us, not just in the emergency room.”
Dr. Sarah Friday, the physician in charge of A&E, admitted the situation takes a personal emotional and psychological toll.
“I’ve been in emergency medicine for quite some time and after a while the [constant flow of trauma] patients coming in and you’re not getting to see other people with the [other] medical problems as quickly because maybe somebody with a gunshot to the chest or a stab to the arm or something like that would take precedence,” Friday said.
“You have other people with the other medical emergencies but because of the time sensitive nature of a person who is bleeding you find that other persons may have a delay in their care because we have someone who’s bleeding and that of course will take priority.
“If you talk to a lot of the staff it does take a toll on you because you walk out of the trauma room having seen somebody stabbed to the chest and then you turn around and then somebody, a diabetic patient for instance who may have missed his medication, and you’ve just left somebody who may have died.
“And so [when you see] the next patient you’re still carrying that burden of a young 17-year-old just shot to the chest and is now dead and you have to see that next patient.”
A DOUBLE THREAT
With chronic non-communicable diseases (CNCD) already placing a strain on health care services, the rising cases that stem from violence are worsening an already bad situation.
The Pan American Health Organization (PAHO), which is the regional arm of the World Health Organization (WHO), predicts a 300 percent increase in deaths from cardiovascular diseases in the region over the next 20 years.
Sands pointed out in his recent presentation at the Medical Association of The Bahamas conference that The Bahamas, like the rest of the Caribbean and America, is experiencing an epidemic of deaths and morbidity from the CNCDs such as obesity, high cholesterol, diabetes, hypertension, tobacco use, physical inactivity and unhealthy diets.
Sands indicated that violence and trauma divert scarce resources from other medical conditions and have done so for many years.
He also noted that the “culture” of violence creates a hazardous work environment that adds to absenteeism and attrition among medical staff.
Sands also noted that trauma patients not operated on in a timely fashion suffer more infections and thrombotic complications.
THE WAY FORWARD
“The debate about the way forward with health care is a debate about choices,” Sands said.
“And this government has made it very clear that it is going to adjust the resources upward for the provision of health care and has done a number of things.
“There is no question that we need a new hospital and that is going to create a whole lot of discussion about where those funds are coming from.”
The government had intended to use proceeds from the sale of a majority stake in Bahamas Telecommunications Company (BTC) to build a new hospital.
But with a dramatic downturn in the economy, the government was forced to increase borrowing, which resulted in rising debt levels.
The new plan is to use the proceeds from the sale of BTC to Cable and Wireless Communications to pay down the debt.
The government has instead opted to build a new critical care block on PMH’s compound. It will have an additional six operating rooms.
“But we have other challenges that have to be dealt with and we are preparing various position papers to put forward to the administration and the Ministry (of Health) to consider,” Sands said.
“While we all have a duty to try and intercede [as a result of] this carnage that’s going on in this country, we (PMH) have to stand in the gap.
“So the physicians, the nurses, the ancillary staff, the hospital administrators, we don’t have a choice. This hospital does not close and we have to do what we can with the resources that we have.”
Sands said, “It is a real, real problem and it is the direct impact of everything that’s going on and the choices that Bahamians are making, and fundamentally resolving this is going to require the energy and the effort of every single Bahamian.”
He said the hope is that there is not a further escalation in demands being placed on PMH because the hospital has no other choice but to care for people who come for treatment.
Adderley added, “Despite the sometimes negative comments that we hear in the news from patients and family members, we do have a group of committed individuals here who want to see improvements to this facility, to our health system to provide the best in care.”
4/17/2011
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.
Showing posts with label Dr. Duane Sands. Show all posts
Showing posts with label Dr. Duane Sands. Show all posts
Thursday, April 21, 2011
Wednesday, June 23, 2010
Election court lawyers want $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands
Election court lawyers want $400,000
By JUAN MCCARTNEY ~ Guardian Senior Reporter ~ juan@nasguard.com:
An already cash-strapped Public Treasury will be asked to cough up hundreds of thousands of dollars, as the attorneys who represented Progressive Liberal Party Member of Parliament Ryan Pinder in the Elizabeth Election Court challenge earlier this year will ask for more than $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands.
The court costs will be comprised of a $357,000 bill for the actual court proceedings, and a $28,700 bill for services rendered involving Sands' unsuccessful bid to have Pinder's Election Court petition thrown out before the actual proceedings began, according to Wayne Munroe, one of the attorneys who represented Pinder.
On March 23 Election Court Senior Justices Anita Allen and John Isaacs ruled Pinder the winner of the challenge and ordered Bethel to pay 75 percent of Pinder's costs, with Sands responsible for the remaining 25 percent.
Pinder's lead counsel was Philip Brave Davis. He was assisted by Munroe, Valentine Grimes and Keod Smith.
Munroe said the bill for the strike out petition has been filed for some time, but the bill for the court proceedings will be filed today - the last day Munroe has to do so without asking for an extension.
The Supreme Court Registrar will then go over the bills item by item and decide if any alterations should be made.
Sands and Bethel are now faced with a bill $100,000 higher than they could have settled for.
Munroe said that Pinder's legal team offered Bethel and Sands' respective counsels an offer to settle the strike out bill at $20,000.
He added that Bethel and Sands' were also offered to settle the court proceedings at $275,000 but refused both offers.
Elizabeth Returning Officer (and Director of Immigration) Jack Thompson was also named as a respondent in the by-election court challenge, but was not ordered to pay costs.
The February 16 by-election ended with Sands receiving 1,501 votes to Pinder's 1,499 votes. However on March 23 the Election Court ruled that 5 protest votes cast in favor of Pinder should be counted, pushing Pinder's total to 1,504 votes, making him the winner of the seat.
Bethel was blasted in the justices' ruling, where it was said that he failed to protect the integrity of the Elizabeth register.
And as the PLP MP's legal team prepares to collect on Election Court costs, an FNM MP's legal counsel was still awaiting payment of his hefty bill up to a few weeks ago.
The Guardian understands that Fred Smith, who represented Marco City MP Zhivargo Laing in his successful challenge against former MP Pleasant Bridgewater, had still not received payment on his $1 million bill.
June 23, 2010
thenassauguardian
By JUAN MCCARTNEY ~ Guardian Senior Reporter ~ juan@nasguard.com:
An already cash-strapped Public Treasury will be asked to cough up hundreds of thousands of dollars, as the attorneys who represented Progressive Liberal Party Member of Parliament Ryan Pinder in the Elizabeth Election Court challenge earlier this year will ask for more than $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands.
The court costs will be comprised of a $357,000 bill for the actual court proceedings, and a $28,700 bill for services rendered involving Sands' unsuccessful bid to have Pinder's Election Court petition thrown out before the actual proceedings began, according to Wayne Munroe, one of the attorneys who represented Pinder.
On March 23 Election Court Senior Justices Anita Allen and John Isaacs ruled Pinder the winner of the challenge and ordered Bethel to pay 75 percent of Pinder's costs, with Sands responsible for the remaining 25 percent.
Pinder's lead counsel was Philip Brave Davis. He was assisted by Munroe, Valentine Grimes and Keod Smith.
Munroe said the bill for the strike out petition has been filed for some time, but the bill for the court proceedings will be filed today - the last day Munroe has to do so without asking for an extension.
The Supreme Court Registrar will then go over the bills item by item and decide if any alterations should be made.
Sands and Bethel are now faced with a bill $100,000 higher than they could have settled for.
Munroe said that Pinder's legal team offered Bethel and Sands' respective counsels an offer to settle the strike out bill at $20,000.
He added that Bethel and Sands' were also offered to settle the court proceedings at $275,000 but refused both offers.
Elizabeth Returning Officer (and Director of Immigration) Jack Thompson was also named as a respondent in the by-election court challenge, but was not ordered to pay costs.
The February 16 by-election ended with Sands receiving 1,501 votes to Pinder's 1,499 votes. However on March 23 the Election Court ruled that 5 protest votes cast in favor of Pinder should be counted, pushing Pinder's total to 1,504 votes, making him the winner of the seat.
Bethel was blasted in the justices' ruling, where it was said that he failed to protect the integrity of the Elizabeth register.
And as the PLP MP's legal team prepares to collect on Election Court costs, an FNM MP's legal counsel was still awaiting payment of his hefty bill up to a few weeks ago.
The Guardian understands that Fred Smith, who represented Marco City MP Zhivargo Laing in his successful challenge against former MP Pleasant Bridgewater, had still not received payment on his $1 million bill.
June 23, 2010
thenassauguardian
Thursday, March 25, 2010
Elizabeth residents react to Election Court decision
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
While some in the Elizabeth constituency are still reeling with excitement over Progressive Liberal Party member Ryan Pinder's historic Election Court win, others say it's time for the celebrations to stop and the member of Parliament-elect to begin to fulfill the promises that he made on the campaign trail.
"It's time for Mr. Pinder to get to work," said Free National Movement supporter Dennis Humes.
Humes, 50, who recently moved into the constituency, said he hopes that Pinder can deliver on his many promises.
"Now that the court has made [its] ruling, it's time to get to work," he added.
Humes was one of many in the Elizabeth constituency who responded to the Election Court ruling, which validated all five of the protest votes cast in favor of Pinder. That pushed him ahead of the FNM Elizabeth candidate Dr. Duane Sands by three votes.
The by-election's recount had ended with Sands receiving 1,501 votes and Pinder receiving 1,499 votes.
The five protest votes, however, brought Pinder's tally to 1,504 votes.
That small margin of victory is what had FNM supporter Braford Brown regretting his decision not to cast his vote during the by-election on February 16.
He said that if he and a couple of other supporters had shown up at the polls, Dr. Sands could have won.
However, the Elizabeth voter said despite his allegiance to the governing party, he would give Pinder a chance.
"I feel kind of bad that I didn't vote but I still will give Pinder a chance. I hope he could help put a stop to violence in the area and I hope that he can help with job creation," said 33-year-old Brown who is a resident of St. Zimbabwe Avenue.
Brown is one of about 1,700 registered Elizabeth voters who didn't show up to the polls to vote. He said Pinder seems like he does have some good ideas for the constituency.
Another FNM supporter, Pearlene Tinker, said she believes that Ryan Pinder may help the constituency.
"I hope so because there are plenty of hurting people around here," she said.
"I was disappointed that Dr. Sands didn't make it, but I can't be bitter against Pinder."
A couple of corners away from Tinker lives PLP supporter Escola Bell of Sandilands Village Road, who said she is overjoyed at Pinder's victory.
"He deserves it," said the 72-year-old resident.
"It wasn't his fault that those [protest] votes were cast. It was [the Parliamentary Registration Department's] fault."
Pinder, who addressed the media shortly after the Election Court justices ruled that all of the protest votes were accepted, said he is anxious to begin work in the constituency.
"We've already started some of our programs. We have the jobs skills bank already ongoing. We put together a framework for the promotion of small business within our constituency during these proceedings. So my programs are actively in full force."
He said the most pressing concerns in the constituency are related to economic success, small business growth and job creation.
"That's what my programs are based on and we've certainly began putting those in motion," Pinder added.
Bell said she hopes Pinder does his best.
"He said he would help the young people," Bell said. "I hope he shows them the way to go and how to help themselves so they just wouldn't be on the blocks. We have some young people who are just waiting on a push and I believe that Pinder is the person who would do that."
Sheniqua McKenzie, 24, who lives on an unnamed road in the Elizabeth constituency, said while she isn't really a Pinder supporter, she is satisfied that he won fairly.
She said she is looking for more improvements in the constituency, and hopes that he can follow through with his plan to help create job opportunities.
Elaine Munroe, 32, of Sandilands Road said she didn't vote, but is more than pleased with the results of the election.
Another PLP supporter, who didn't want to be named, said he can't believe that the PLP was able to withstand the "heat" of the governing party.
"They brought a lot of heat, but we overcame," said the supporter who was still in a celebratory mode after the rally on Tuesday night.
"I'm just celebrating the win. It's a happy day. I'm trying Ryan. It's Ryan's time baby."
March 25, 2010
thenassauguardian
While some in the Elizabeth constituency are still reeling with excitement over Progressive Liberal Party member Ryan Pinder's historic Election Court win, others say it's time for the celebrations to stop and the member of Parliament-elect to begin to fulfill the promises that he made on the campaign trail.
"It's time for Mr. Pinder to get to work," said Free National Movement supporter Dennis Humes.
Humes, 50, who recently moved into the constituency, said he hopes that Pinder can deliver on his many promises.
"Now that the court has made [its] ruling, it's time to get to work," he added.
Humes was one of many in the Elizabeth constituency who responded to the Election Court ruling, which validated all five of the protest votes cast in favor of Pinder. That pushed him ahead of the FNM Elizabeth candidate Dr. Duane Sands by three votes.
The by-election's recount had ended with Sands receiving 1,501 votes and Pinder receiving 1,499 votes.
The five protest votes, however, brought Pinder's tally to 1,504 votes.
That small margin of victory is what had FNM supporter Braford Brown regretting his decision not to cast his vote during the by-election on February 16.
He said that if he and a couple of other supporters had shown up at the polls, Dr. Sands could have won.
However, the Elizabeth voter said despite his allegiance to the governing party, he would give Pinder a chance.
"I feel kind of bad that I didn't vote but I still will give Pinder a chance. I hope he could help put a stop to violence in the area and I hope that he can help with job creation," said 33-year-old Brown who is a resident of St. Zimbabwe Avenue.
Brown is one of about 1,700 registered Elizabeth voters who didn't show up to the polls to vote. He said Pinder seems like he does have some good ideas for the constituency.
Another FNM supporter, Pearlene Tinker, said she believes that Ryan Pinder may help the constituency.
"I hope so because there are plenty of hurting people around here," she said.
"I was disappointed that Dr. Sands didn't make it, but I can't be bitter against Pinder."
A couple of corners away from Tinker lives PLP supporter Escola Bell of Sandilands Village Road, who said she is overjoyed at Pinder's victory.
"He deserves it," said the 72-year-old resident.
"It wasn't his fault that those [protest] votes were cast. It was [the Parliamentary Registration Department's] fault."
Pinder, who addressed the media shortly after the Election Court justices ruled that all of the protest votes were accepted, said he is anxious to begin work in the constituency.
"We've already started some of our programs. We have the jobs skills bank already ongoing. We put together a framework for the promotion of small business within our constituency during these proceedings. So my programs are actively in full force."
He said the most pressing concerns in the constituency are related to economic success, small business growth and job creation.
"That's what my programs are based on and we've certainly began putting those in motion," Pinder added.
Bell said she hopes Pinder does his best.
"He said he would help the young people," Bell said. "I hope he shows them the way to go and how to help themselves so they just wouldn't be on the blocks. We have some young people who are just waiting on a push and I believe that Pinder is the person who would do that."
Sheniqua McKenzie, 24, who lives on an unnamed road in the Elizabeth constituency, said while she isn't really a Pinder supporter, she is satisfied that he won fairly.
She said she is looking for more improvements in the constituency, and hopes that he can follow through with his plan to help create job opportunities.
Elaine Munroe, 32, of Sandilands Road said she didn't vote, but is more than pleased with the results of the election.
Another PLP supporter, who didn't want to be named, said he can't believe that the PLP was able to withstand the "heat" of the governing party.
"They brought a lot of heat, but we overcame," said the supporter who was still in a celebratory mode after the rally on Tuesday night.
"I'm just celebrating the win. It's a happy day. I'm trying Ryan. It's Ryan's time baby."
March 25, 2010
thenassauguardian
Wednesday, March 24, 2010
Dr. Duane Sands looks ahead to 2012 Elizabeth race
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
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
The Office of the Attorney General to review by-election ruling
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.
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 FNM has concerns about the reasoning behind the decision.
Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. 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."
Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.
The majority of his comments were made in his capacity as leader of the FNM.
"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.
"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.
"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."
The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.
The FNM had hoped that Dr. Duane Sands would fill the seat.
"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."
He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."
Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.
Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."
Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.
"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."
Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.
"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."
March 24, 2010
thenassauguardian
Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.
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 FNM has concerns about the reasoning behind the decision.
Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. 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."
Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.
The majority of his comments were made in his capacity as leader of the FNM.
"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.
"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.
"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."
The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.
The FNM had hoped that Dr. Duane Sands would fill the seat.
"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."
He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."
Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.
Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."
Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.
"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."
Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.
"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."
March 24, 2010
thenassauguardian
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
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
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
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
Friday, March 12, 2010
Election Court Bahamas: Progressive Liberal Party (PLP) Election Court petition will stand
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:
The Election Court yesterday rejected an application filed on behalf of Free National Movement candidate Dr. Duane Sands to throw out the petition of the Progressive Liberal Party's Ryan Pinder on the basis that it is "fundamentally flawed".
Sands' lead counsel Thomas Evans, QC raised that argument yesterday as the Elizabeth challenge got underway before Senior Justices Anita Allen and Jon Isaacs.
Evans contended that Pinder's petition is deficient as it does not set out what he is hoping to gain at the end of the process and thereby places the respondents at a disadvantage.
Pinder, who was the PLP's candidate in the recent by-election in Elizabeth, wants the court to rule that 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.
The respondents in the case include Sands, Parliamentary Commissioner Errol Bethel and Returning Officer Jack Thompson.
Evans said the basic principle of the case requires the respondents to know what the case is.
He noted that Pinder wants the court to exercise its jurisdiction under Section 69 (1) of the Parliamentary Elections Act.
This section of the act allows a candidate to petition the court to consider the protest votes cast if the margin of victory by his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.
"A petitioner who is seeking to avail himself of the jurisdiction of the court ought to say what he is seeking," Evans said.
"In this case one would expect that he would reveal exactly what it is that he seeks to receive from the court. If he does not do that he puts the respondents in a position of not knowing what case they have to meet, not knowing what they have to respond to."
Evans said the petitioner (Pinder) must assert that the voters were properly registered and entitled to vote.
"The petition contains no prayer in his favor. There are no grounds given for finding that the voters were properly registered and entitled to vote," Evans said. "A petition has particular characteristics, one of which [is] the petitioner must set out the brief facts. Notwithstanding the discreet nature of the petition, the court must deal with it in the same manner as it deals with any other petition."
Evans argued that the defect in the petition cannot be cured by an amendment.
Attorney David Higgins, who represents Bethel and Thompson, adopted that position. Higgins said the petition ought to be able to stand on its own.
Additionally, Evans argued that it would be an abuse of the court process if the petition is allowed in court.
However, Pinder's lead counsel Philip "Brave" Davis argued that it would be an injustice to strike out the petition.
He said respondents should know exactly what the petitioner is seeking to gain.
Davis said he was surprised that the justices would even allow such submissions to be made.
"I do not know what else they want to know. I have given them our complete written submissions," Davis said.
"I think the parties have all that they require. To suggest that we should strike out the petition is an alarming proposition."
After a 10-minute break to decide whether the petition was in fact fundamentally flawed, Senior Justice Allen announced that the application to strike out the petition was denied.
Evans then sought an application to stay the case so that he could appeal the justices' decision, but Davis objected.
He said it would be a "total waste of time" and urged the justices to refuse the request.
The justices took a short break to decide if they would allow the stay. However, after about 15 minutes, Allen announced that that request was also rejected.
She said it is imperative that the will of the electorate be determined as soon as possible.
Allen also noted that costs would be awarded to the petitioner for two attorneys.
Evans then requested the court to grant him a conservatory stay until Monday so that he could approach the Court of Appeal. However, that request was also denied.
Davis noted that Evans has the option of approaching the Court of Appeal before the start of today's proceedings, which are set to begin at 10 a.m.
It is unclear whether Evans will still attempt to appeal the justices' decision.
Allen said the proceedings will continue today with Davis presenting his submissions.
The Elizabeth by-election, which took place February 16, ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.
If the court only accepts two of the protest votes for Pinder, a re-election would be ordered.
Friday March 12, 2010
thenassauguardian
The Election Court yesterday rejected an application filed on behalf of Free National Movement candidate Dr. Duane Sands to throw out the petition of the Progressive Liberal Party's Ryan Pinder on the basis that it is "fundamentally flawed".
Sands' lead counsel Thomas Evans, QC raised that argument yesterday as the Elizabeth challenge got underway before Senior Justices Anita Allen and Jon Isaacs.
Evans contended that Pinder's petition is deficient as it does not set out what he is hoping to gain at the end of the process and thereby places the respondents at a disadvantage.
Pinder, who was the PLP's candidate in the recent by-election in Elizabeth, wants the court to rule that 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.
The respondents in the case include Sands, Parliamentary Commissioner Errol Bethel and Returning Officer Jack Thompson.
Evans said the basic principle of the case requires the respondents to know what the case is.
He noted that Pinder wants the court to exercise its jurisdiction under Section 69 (1) of the Parliamentary Elections Act.
This section of the act allows a candidate to petition the court to consider the protest votes cast if the margin of victory by his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.
"A petitioner who is seeking to avail himself of the jurisdiction of the court ought to say what he is seeking," Evans said.
"In this case one would expect that he would reveal exactly what it is that he seeks to receive from the court. If he does not do that he puts the respondents in a position of not knowing what case they have to meet, not knowing what they have to respond to."
Evans said the petitioner (Pinder) must assert that the voters were properly registered and entitled to vote.
"The petition contains no prayer in his favor. There are no grounds given for finding that the voters were properly registered and entitled to vote," Evans said. "A petition has particular characteristics, one of which [is] the petitioner must set out the brief facts. Notwithstanding the discreet nature of the petition, the court must deal with it in the same manner as it deals with any other petition."
Evans argued that the defect in the petition cannot be cured by an amendment.
Attorney David Higgins, who represents Bethel and Thompson, adopted that position. Higgins said the petition ought to be able to stand on its own.
Additionally, Evans argued that it would be an abuse of the court process if the petition is allowed in court.
However, Pinder's lead counsel Philip "Brave" Davis argued that it would be an injustice to strike out the petition.
He said respondents should know exactly what the petitioner is seeking to gain.
Davis said he was surprised that the justices would even allow such submissions to be made.
"I do not know what else they want to know. I have given them our complete written submissions," Davis said.
"I think the parties have all that they require. To suggest that we should strike out the petition is an alarming proposition."
After a 10-minute break to decide whether the petition was in fact fundamentally flawed, Senior Justice Allen announced that the application to strike out the petition was denied.
Evans then sought an application to stay the case so that he could appeal the justices' decision, but Davis objected.
He said it would be a "total waste of time" and urged the justices to refuse the request.
The justices took a short break to decide if they would allow the stay. However, after about 15 minutes, Allen announced that that request was also rejected.
She said it is imperative that the will of the electorate be determined as soon as possible.
Allen also noted that costs would be awarded to the petitioner for two attorneys.
Evans then requested the court to grant him a conservatory stay until Monday so that he could approach the Court of Appeal. However, that request was also denied.
Davis noted that Evans has the option of approaching the Court of Appeal before the start of today's proceedings, which are set to begin at 10 a.m.
It is unclear whether Evans will still attempt to appeal the justices' decision.
Allen said the proceedings will continue today with Davis presenting his submissions.
The Elizabeth by-election, which took place February 16, ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.
If the court only accepts two of the protest votes for Pinder, a re-election would be ordered.
Friday March 12, 2010
thenassauguardian
Sunday, February 28, 2010
Progressive Liberal Party (PLP) Leader Perry Christie Defends Ryan Pinder’s Citizenship
By IANTHIA SMITH:
Progressive Liberal Party (PLP) candidate, Ryan Pinder has been shrouded in controversy over his US citizenship, which he admits he recently renounced, as well as questions over his allegiance to The Bahamas.
But PLP Leader Perry Christie said yesterday that he is quite satisfied that his candidate is "Bahamian-made."
"I am satisfied that Mr. Pinder today, is satisfied that everything he did was done correctly, on time and we wait for those who assert to make their assertions," Mr. Christie said. "He who asserts must prove."
Since announcing his decision to run on the PLP ticket in the February 16 by-election, numerous questions about his citizenship and loyalty to the country have loomed.
In the weeks leading up to the by-election, members of the Free National Movement (FNM) questioned Mr. Pinder’s qualifications as a lawful candidate in the by-election, pointing out that the PLP candidate had dual citizenship.
With mounting criticisms about his allegiance to the country, Mr. Pinder announced just days before the by-election that he had renounced his United States citizenship.
Mr. Pinder, who is the son of former PLP MP Marvin Pinder, and an American woman, had dual citizenship with The Bahamas and the United States.
But Prime Minister Hubert Ingraham said on Sunday that he wants Mr. Pinder to prove that he in fact renounced his citizenship before the by-election.
Mr. Ingraham added that if the matter is in fact heard in Election Court, the party will call on the PLP to present Mr. Pinder’s American passport before the court.
"When we go to court we will have Dr. Duane Sands’ passport and we will say that he is a Bahamian. We will say that he has never held any other citizenship at any other time. We will call upon them [the PLP] to show Mr. Pinder’s American passport to show where it was marked cancelled by the Americans before nomination day.
"It is very important for the court to know upfront that each person who is before it is qualified to be there."
The prime minister argued that there is nothing wrong with Mr. Pinder or anyone else being an American citizen and running for office.
He said "just being a citizen is not an offence by itself."
The FNM even used the citizenship issue as a platform to criticise Mr. Pinder during its campaign trail.
National Security Minister Tommy Turnquest even announced during his party’s rallies that Mr. Pinder had never even voted in The Bahamas.
February 23rd, 2010
jonesbahamas
Progressive Liberal Party (PLP) candidate, Ryan Pinder has been shrouded in controversy over his US citizenship, which he admits he recently renounced, as well as questions over his allegiance to The Bahamas.
But PLP Leader Perry Christie said yesterday that he is quite satisfied that his candidate is "Bahamian-made."
"I am satisfied that Mr. Pinder today, is satisfied that everything he did was done correctly, on time and we wait for those who assert to make their assertions," Mr. Christie said. "He who asserts must prove."
Since announcing his decision to run on the PLP ticket in the February 16 by-election, numerous questions about his citizenship and loyalty to the country have loomed.
In the weeks leading up to the by-election, members of the Free National Movement (FNM) questioned Mr. Pinder’s qualifications as a lawful candidate in the by-election, pointing out that the PLP candidate had dual citizenship.
With mounting criticisms about his allegiance to the country, Mr. Pinder announced just days before the by-election that he had renounced his United States citizenship.
Mr. Pinder, who is the son of former PLP MP Marvin Pinder, and an American woman, had dual citizenship with The Bahamas and the United States.
But Prime Minister Hubert Ingraham said on Sunday that he wants Mr. Pinder to prove that he in fact renounced his citizenship before the by-election.
Mr. Ingraham added that if the matter is in fact heard in Election Court, the party will call on the PLP to present Mr. Pinder’s American passport before the court.
"When we go to court we will have Dr. Duane Sands’ passport and we will say that he is a Bahamian. We will say that he has never held any other citizenship at any other time. We will call upon them [the PLP] to show Mr. Pinder’s American passport to show where it was marked cancelled by the Americans before nomination day.
"It is very important for the court to know upfront that each person who is before it is qualified to be there."
The prime minister argued that there is nothing wrong with Mr. Pinder or anyone else being an American citizen and running for office.
He said "just being a citizen is not an offence by itself."
The FNM even used the citizenship issue as a platform to criticise Mr. Pinder during its campaign trail.
National Security Minister Tommy Turnquest even announced during his party’s rallies that Mr. Pinder had never even voted in The Bahamas.
February 23rd, 2010
jonesbahamas
Tuesday, February 23, 2010
Perry Christie - Progressive Liberal Party (PLP) Leader satisfied Ryan Pinder was qualified to run in the Elizabeth by-election
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Progressive Liberal Party Leader Perry Christie said yesterday he is satisfied that Ryan Pinder did what he needed to do in order to be qualified to offer himself in the Elizabeth by-election last Tuesday and challenged the Free National Movement to prove otherwise in court.
Christie was responding to Prime Minister Hubert Ingraham's announcement that the Free National Movement will raise the question of whether Pinder was in fact qualified in the first place to run as a candidate in the recent poll.
"For the prime minister to raise that issue tells me that he knows that we are going to win that Election Court case," said Christie during a news conference at the PLP's headquarters.
"I'm comforted by the fact that by raising that question, Ingraham knows that. At all material times the prime minister must be aware of the fact that not only he has intelligence; that we understand the issues that affect our candidate and we accept the assurance that [he is a] Bahamian citizen and otherwise fully qualified to offer himself for the by-election for Elizabeth. So when Ryan Pinder went forth, we were satisfied on the basis of all assurances that he was qualified — a qualified candidate to be elected and serve in the Elizabeth constituency."
Christie added: "Now since the prime minister wants to raise it, I just want to go on the principle of law: He who asserts must prove and we leave it to him to make his application and to present his proof."
The Progressive Liberal Party has announced its intention to go to court for the court to decide on five protest votes cast in Pinder's favor during last week's by-election in Elizabeth. The two-day recounted ended with Pinder receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
No winner has been certified, however, as the five PLP protest votes could still impact the outcome of the race, should the court rule them to be valid.
During his party's news conference on Sunday, Ingraham said the FNM would raise the issue of Pinder's qualifications as a preliminary matter.
"When we go to court we will have Duane Sands' passport; we'll say he's a Bahamian," Ingraham said. "We'll say he has never held any other citizenship at any other time. And we will call upon them to show Mr. Ryan Pinder's American passport, to show us where it was marked canceled by the Americans before the nomination day."
Ingraham noted that there is nothing wrong with Bahamian citizens who possess citizenship of another country to run for office in The Bahamas. However, the prime minister added that someone who takes advantage of his citizenship of another country — by voting, working and benefiting from special university rates — is a different story altogether.
"If you've done that, then you need to get rid of that citizenship before you nominate and certainly before you are elected," he said.
February 23, 2010
thenassauguardian
Progressive Liberal Party Leader Perry Christie said yesterday he is satisfied that Ryan Pinder did what he needed to do in order to be qualified to offer himself in the Elizabeth by-election last Tuesday and challenged the Free National Movement to prove otherwise in court.
Christie was responding to Prime Minister Hubert Ingraham's announcement that the Free National Movement will raise the question of whether Pinder was in fact qualified in the first place to run as a candidate in the recent poll.
"For the prime minister to raise that issue tells me that he knows that we are going to win that Election Court case," said Christie during a news conference at the PLP's headquarters.
"I'm comforted by the fact that by raising that question, Ingraham knows that. At all material times the prime minister must be aware of the fact that not only he has intelligence; that we understand the issues that affect our candidate and we accept the assurance that [he is a] Bahamian citizen and otherwise fully qualified to offer himself for the by-election for Elizabeth. So when Ryan Pinder went forth, we were satisfied on the basis of all assurances that he was qualified — a qualified candidate to be elected and serve in the Elizabeth constituency."
Christie added: "Now since the prime minister wants to raise it, I just want to go on the principle of law: He who asserts must prove and we leave it to him to make his application and to present his proof."
The Progressive Liberal Party has announced its intention to go to court for the court to decide on five protest votes cast in Pinder's favor during last week's by-election in Elizabeth. The two-day recounted ended with Pinder receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
No winner has been certified, however, as the five PLP protest votes could still impact the outcome of the race, should the court rule them to be valid.
During his party's news conference on Sunday, Ingraham said the FNM would raise the issue of Pinder's qualifications as a preliminary matter.
"When we go to court we will have Duane Sands' passport; we'll say he's a Bahamian," Ingraham said. "We'll say he has never held any other citizenship at any other time. And we will call upon them to show Mr. Ryan Pinder's American passport, to show us where it was marked canceled by the Americans before the nomination day."
Ingraham noted that there is nothing wrong with Bahamian citizens who possess citizenship of another country to run for office in The Bahamas. However, the prime minister added that someone who takes advantage of his citizenship of another country — by voting, working and benefiting from special university rates — is a different story altogether.
"If you've done that, then you need to get rid of that citizenship before you nominate and certainly before you are elected," he said.
February 23, 2010
thenassauguardian
Monday, February 22, 2010
Elizabeth by-election: FNM wants PLP to put up security for Election Court costs
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
The Free National Movement will seek the agreement of the Election Court for the Progressive Liberal Party to be required to put up security for costs, so that if the PLP loses the pending Elizabeth challenge, there would be money to meet its obligation to pay, FNM leader Hubert Ingraham announced yesterday at his first news conference after the hotly-contested by-election.
Ingraham stressed that the FNM fully expects the PLP to lose in court.
"The elites in the PLP seem to prefer court cases over the expressed will of the people," he said.
"It is not enough to talk about the ideals of democracy. A responsible and democratic government is charged with putting in place the measures which help to protect these ideals."
The PLP is preparing to mount an Election Court challenge after a grueling two-day recount resulted in its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes secured by Dr. Duane Sands, the FNM's candidate.
Pinder also got five protest votes that could still impact the outcome of the election, but Ingraham said the FNM has evidence that at least four of the people who voted on colored ballots had no entitlement to vote.
According to Ingraham, the PLP has long found it difficult to accept the will of the people expressed on election day.
"They like to go to court; but they are only satisfied when the court finds in their favor," he told the media and FNM supporters gathered at the party's headquarters on Mackey Street.
He noted that following the 2007 general election the PLP mounted a series of challenges in Election Court that proved unsuccessful.
"All were unnecessary — in Pinewood, in Marco City, and in Blue Hills," Ingraham said. "In none of those cases have the PLP paid the Election Court costs. Not one. This is par for the course.
"It is also part of an entitlement mentality by the PLP that the standards of fair play, common decency and abiding by the rules apply to everyone but themselves. In their minds the decisions of our national institutions may be circumvented or ignored if they are not in keeping with the self-interests of the PLP."
Ingraham reminded that the PLP owes ZNS $236,000.
He said had The Nassau Guardian not exposed this information recently, he would not have discussed it publicly.
"I would have sought to cajole to persuade them to pay, but now it looks like we've got to shame them to pay," Ingraham said.
This amount was incurred by the PLP over two and a half years ago at the last general election, he said.
"Ironically, the money still owed to ZNS is mostly a result of the television broadcast of rallies, which ignored longstanding broadcast rules which the PLP ignored and unilaterally broke," Ingraham charged.
"Further, despite not paying their general election bill they felt they were entitled to more time on ZNS during the Elizabeth by-election. With the extraordinary amount of funds the PLP spent in Elizabeth, they had more than enough funds to pay their other legal debts inclusive of sums owed Bahamasair. That they refused to do so is indicative of their mindset.
"Not paying their court costs and failing to pay ZNS and Bahamasair is a clear abuse of our national institutions. It sends the wrong example on many levels. The PLP are happy to take advantage of these institutions. But they refuse to abide by their decisions as and when it suits their purposes."
Ingraham claimed that the PLP had much more money than the FNM to spend during the Elizabeth by-election campaign and did so.
Ingraham also said when he became leader of the FNM in 1990, one of the early matters that he had to address was the settlement of costs for Election Court challenges mounted by the FNM following the 1987 general election.
"We raised the money and paid the $750,000 costs awarded against us by the court. We did so before the 1992 elections. We paid the monies to Nottage, Miller & Co., their legal representatives," Ingraham said.
"When the courts found in the government's favor on matters involving Sir Lynden Pindling (the now deceased former prime minister), Darrell Rolle and Philip Bethel (former PLP ministers) we, in the FNM government did not hound them to pay because we did not believe that the government should pursue people into bankruptcy."
Ingraham added, "When Sir Lynden Pindling was sued by Sir Kendal Isaacs (former FNM leader) on a matter concerning public disclosure, Sir Lynden insisted that he pay the $100,000 assessed by the courts. I never tire of saying that we are different from them; distinctly different."
He noted that in 2007 the FNM mounted a challenge against the PLP's victory in MICAL and lost.
"We paid costs of almost $225,000 to Davis & Co., the PLP's legal representatives. As a party, we take ownership and responsibility for our Election Court cases," Ingraham said.
"The PLP takes ownership and responsibility for nothing. When they lose an election case, they claim that the individual took the case to Election Court, not the party, and they pay nothing; ignore the debt.
In their world they never lose, cannot lose: The voters make mistakes, the parliamentary commissioner is inefficient, the FNM steals elections and the courts are in error."
Ingraham pointed out that in the case of the 2007 Marco City challenge, the Election Court assessed costs at $1 million.
"They have not paid a red nickel. We have not yet assessed the costs for Pinewood and Blue Hills; be assured however, we will do so," Ingraham said.
"They have a new mantra now. When they lose, they declare victory, tell their supporters that the election isn't over yet; send their operatives to all the radio stations to spill their vile mistruths and half-truths. They drag their matters on for as long as possible, hoping that somehow they will be able to reverse the decision made by the people on election day.
"They did this in 2007 and for more than a year held out to their supporters that victory was just around the corner. They did this cynically because they knew they had lost the 2007 general election fair and square. They knew they were wasting the Election Court's time when attention ought to have been given to serving the people."
Ingraham said the PLP appears now to be on the verge of "this same self-serving, delaying tactic" following the Elizabeth by-election.
"This is not the behavior of democrats," he said.
"Instead, it is the behavior of a PLP elite who manipulate our political system for their own self-aggrandizement and personal benefit. In other words, rather than serving our democratic institutions, the PLP mostly seek to have these institutions serve their personal needs and agendas."
Februray 22, 2010
thenassauguardian
The Free National Movement will seek the agreement of the Election Court for the Progressive Liberal Party to be required to put up security for costs, so that if the PLP loses the pending Elizabeth challenge, there would be money to meet its obligation to pay, FNM leader Hubert Ingraham announced yesterday at his first news conference after the hotly-contested by-election.
Ingraham stressed that the FNM fully expects the PLP to lose in court.
"The elites in the PLP seem to prefer court cases over the expressed will of the people," he said.
"It is not enough to talk about the ideals of democracy. A responsible and democratic government is charged with putting in place the measures which help to protect these ideals."
The PLP is preparing to mount an Election Court challenge after a grueling two-day recount resulted in its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes secured by Dr. Duane Sands, the FNM's candidate.
Pinder also got five protest votes that could still impact the outcome of the election, but Ingraham said the FNM has evidence that at least four of the people who voted on colored ballots had no entitlement to vote.
According to Ingraham, the PLP has long found it difficult to accept the will of the people expressed on election day.
"They like to go to court; but they are only satisfied when the court finds in their favor," he told the media and FNM supporters gathered at the party's headquarters on Mackey Street.
He noted that following the 2007 general election the PLP mounted a series of challenges in Election Court that proved unsuccessful.
"All were unnecessary — in Pinewood, in Marco City, and in Blue Hills," Ingraham said. "In none of those cases have the PLP paid the Election Court costs. Not one. This is par for the course.
"It is also part of an entitlement mentality by the PLP that the standards of fair play, common decency and abiding by the rules apply to everyone but themselves. In their minds the decisions of our national institutions may be circumvented or ignored if they are not in keeping with the self-interests of the PLP."
Ingraham reminded that the PLP owes ZNS $236,000.
He said had The Nassau Guardian not exposed this information recently, he would not have discussed it publicly.
"I would have sought to cajole to persuade them to pay, but now it looks like we've got to shame them to pay," Ingraham said.
This amount was incurred by the PLP over two and a half years ago at the last general election, he said.
"Ironically, the money still owed to ZNS is mostly a result of the television broadcast of rallies, which ignored longstanding broadcast rules which the PLP ignored and unilaterally broke," Ingraham charged.
"Further, despite not paying their general election bill they felt they were entitled to more time on ZNS during the Elizabeth by-election. With the extraordinary amount of funds the PLP spent in Elizabeth, they had more than enough funds to pay their other legal debts inclusive of sums owed Bahamasair. That they refused to do so is indicative of their mindset.
"Not paying their court costs and failing to pay ZNS and Bahamasair is a clear abuse of our national institutions. It sends the wrong example on many levels. The PLP are happy to take advantage of these institutions. But they refuse to abide by their decisions as and when it suits their purposes."
Ingraham claimed that the PLP had much more money than the FNM to spend during the Elizabeth by-election campaign and did so.
Ingraham also said when he became leader of the FNM in 1990, one of the early matters that he had to address was the settlement of costs for Election Court challenges mounted by the FNM following the 1987 general election.
"We raised the money and paid the $750,000 costs awarded against us by the court. We did so before the 1992 elections. We paid the monies to Nottage, Miller & Co., their legal representatives," Ingraham said.
"When the courts found in the government's favor on matters involving Sir Lynden Pindling (the now deceased former prime minister), Darrell Rolle and Philip Bethel (former PLP ministers) we, in the FNM government did not hound them to pay because we did not believe that the government should pursue people into bankruptcy."
Ingraham added, "When Sir Lynden Pindling was sued by Sir Kendal Isaacs (former FNM leader) on a matter concerning public disclosure, Sir Lynden insisted that he pay the $100,000 assessed by the courts. I never tire of saying that we are different from them; distinctly different."
He noted that in 2007 the FNM mounted a challenge against the PLP's victory in MICAL and lost.
"We paid costs of almost $225,000 to Davis & Co., the PLP's legal representatives. As a party, we take ownership and responsibility for our Election Court cases," Ingraham said.
"The PLP takes ownership and responsibility for nothing. When they lose an election case, they claim that the individual took the case to Election Court, not the party, and they pay nothing; ignore the debt.
In their world they never lose, cannot lose: The voters make mistakes, the parliamentary commissioner is inefficient, the FNM steals elections and the courts are in error."
Ingraham pointed out that in the case of the 2007 Marco City challenge, the Election Court assessed costs at $1 million.
"They have not paid a red nickel. We have not yet assessed the costs for Pinewood and Blue Hills; be assured however, we will do so," Ingraham said.
"They have a new mantra now. When they lose, they declare victory, tell their supporters that the election isn't over yet; send their operatives to all the radio stations to spill their vile mistruths and half-truths. They drag their matters on for as long as possible, hoping that somehow they will be able to reverse the decision made by the people on election day.
"They did this in 2007 and for more than a year held out to their supporters that victory was just around the corner. They did this cynically because they knew they had lost the 2007 general election fair and square. They knew they were wasting the Election Court's time when attention ought to have been given to serving the people."
Ingraham said the PLP appears now to be on the verge of "this same self-serving, delaying tactic" following the Elizabeth by-election.
"This is not the behavior of democrats," he said.
"Instead, it is the behavior of a PLP elite who manipulate our political system for their own self-aggrandizement and personal benefit. In other words, rather than serving our democratic institutions, the PLP mostly seek to have these institutions serve their personal needs and agendas."
Februray 22, 2010
thenassauguardian
Elizabeth by-election: Many illegal votes cast says Prime Minister Hubert Ingraham
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Many people voted illegally in the Elizabeth by-election last Tuesday, according to Prime Minister Hubert Ingraham, who indicated yesterday that the Free National Movement would wage an all-out war to secure victory, and fully expects to win the looming Election Court challenge.
"...We were also surprised by a number of persons who voted who shouldn't have voted," said Ingraham during a press conference yesterday at the FNM headquarters on Mackey Street.
"We didn't have sufficient information on that day (by-election day) to challenge them. We challenged many of them, however; and should the matter go to the Election Court, we believe that there are large numbers of persons whose votes would be liable to be declared void."
The Progressive Liberal Party (PLP) is preparing to mount an Election Court challenge after a two-day recount ended with its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
Pinder also got five protest votes that could still impact the outcome of the election.
Protest votes are those votes that were cast on a colored ballot paper because the presiding officer was not satisfied as to the identity of the voter or as to his entitlement to vote because of a defect in the voter's card; an incorrect entry in the register; or the voter had a voter's card but his name did not appear in the register for the constituency or the particular polling division.
Although the person is still allowed to vote, it is not counted, but if the protest votes could materially affect the outcome of an election, a court may make a final determination.
PLP trustee and attorney Valentine Grimes pointed out last week that if the protest votes are added to Pinder's tally after the election challenge, Pinder would have a total of 1,504 votes as compared to Sands' 1,501 votes, and therefore would be declared the winner.
However, Ingraham said the FNM is not worried about those protest votes.
He also claimed that corruption and voter fraud were high in the Elizabeth constituency.
"I wouldn't dare burden my supporters with what I know," he said.
Ingraham hinted that the FNM has developed a three-pronged plan to ensure that it secures a victory.
"The FNM expects to win what the PLP is taking to court so we don't need to consider any further steps. We challenged those five voters. In the case of four of them, we have very good evidence that they had no entitlement whatsoever to vote," said Ingraham, who is also the leader of the FNM.
He later added, "The PLP can't go to court and succeed unless those five persons also show up to court. They have to come themselves and we call upon them to come and take that Bible in their hand and swear an oath [indicating] their qualifications to vote in Elizabeth, then be cross-examined by the FNM team of lawyers."
Ingraham added that each of the five candidates in the election would also have the option to question each one of the protested voters and cross-examine them.
"At the end of the day, the court will make a decision. If these persons turn out to be persons that committed perjury or who lied, then there are laws to deal with that," he warned.
"So each of these persons will have to make their own decision on what they want to do. Let go, let be or expose yourself to the other place," said Ingraham, making a clear reference to Her Majesty's Prison.
"In the other place, you go there by yourself, no one goes with you. It's a very lonely place to be."
In addition to protesting five of the votes, the FNM also challenged a number of votes for various reasons. The votes of people who were challenged were counted in the final tally. The PLP also challenged a number of votes.
Asked yesterday how many votes the FNM challenged, Ingraham said that would be revealed in "phase three" of the Election Court challenge.
"Quite a few people were challenged — many people voted who do not live in Elizabeth. We never believed that there were [nearly] 5,000 people eligible to vote in Elizabeth," Ingraham said.
"The register said 4,943. We never believed that. In the last election [nearly 4,000] persons voted. We don't believe that the constituency has many more than that today."
He said the FNM found numerous empty apartments where no one lives.
Given that, Ingraham said voter turnout was probably around 75 percent.
Throughout the news conference, Sands was referred to as the member of Parliament-elect for the Elizabeth constituency. He also referred to himself that way.
"The results from the February 16th poll declared Dr. Duane Sands of the FNM the winner of the poll and hence the Elizabeth constituency MP-elect," said Ingraham.
"We are confident that once that process (if it is in fact undertaken) is completed that Dr. Duane Sands will once again be declared the winner of the February 16th poll. We will ensure that the intentions of the majority of those eligible to vote in the Elizabeth by-election are honored and upheld."
Ingraham added that the people of Elizabeth are entitled to and deserve full representation in the House of Assembly.
Unnecessary delays in the certification processes fail to honor both the spirit and the rules of our democratic traditions. The voice of Elizabeth must and will be fully heard in Parliament as soon as possible.
"In short, it is only a matter of time before Dr. Sands is certified as the member of Parliament for Elizabeth," Ingraham said. "He and the FNM won the election fair and square."
Sands, who briefly addressed supporters, said he is proud to be the member-elect for Elizabeth.
He thanked his supporters yesterday, and pledged to serve all the people in the constituency with the same passion that he brought to the campaign.
Sands said after the election results are certified, he would look forward for other opportunities to thank the people of Elizabeth.
Ingraham urged all FNM supporters to remain patient and calm. He told them to conduct themselves with dignity and good cheer as the rule of law is followed.
"Do not be provoked," he cautioned, adding that the FNM will remain focused throughout the next stages of this process.
"Finally, I urge all of those in political office and those engaged in party politics to refrain from any actions or irresponsible and intemperate language which may inflame passions," said the FNM leader.
"Our democracy has the procedures, rules and laws necessary to properly adjudicate the electoral matter at hand."
Februray 22, 2010
thenassauguardian
Many people voted illegally in the Elizabeth by-election last Tuesday, according to Prime Minister Hubert Ingraham, who indicated yesterday that the Free National Movement would wage an all-out war to secure victory, and fully expects to win the looming Election Court challenge.
"...We were also surprised by a number of persons who voted who shouldn't have voted," said Ingraham during a press conference yesterday at the FNM headquarters on Mackey Street.
"We didn't have sufficient information on that day (by-election day) to challenge them. We challenged many of them, however; and should the matter go to the Election Court, we believe that there are large numbers of persons whose votes would be liable to be declared void."
The Progressive Liberal Party (PLP) is preparing to mount an Election Court challenge after a two-day recount ended with its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
Pinder also got five protest votes that could still impact the outcome of the election.
Protest votes are those votes that were cast on a colored ballot paper because the presiding officer was not satisfied as to the identity of the voter or as to his entitlement to vote because of a defect in the voter's card; an incorrect entry in the register; or the voter had a voter's card but his name did not appear in the register for the constituency or the particular polling division.
Although the person is still allowed to vote, it is not counted, but if the protest votes could materially affect the outcome of an election, a court may make a final determination.
PLP trustee and attorney Valentine Grimes pointed out last week that if the protest votes are added to Pinder's tally after the election challenge, Pinder would have a total of 1,504 votes as compared to Sands' 1,501 votes, and therefore would be declared the winner.
However, Ingraham said the FNM is not worried about those protest votes.
He also claimed that corruption and voter fraud were high in the Elizabeth constituency.
"I wouldn't dare burden my supporters with what I know," he said.
Ingraham hinted that the FNM has developed a three-pronged plan to ensure that it secures a victory.
"The FNM expects to win what the PLP is taking to court so we don't need to consider any further steps. We challenged those five voters. In the case of four of them, we have very good evidence that they had no entitlement whatsoever to vote," said Ingraham, who is also the leader of the FNM.
He later added, "The PLP can't go to court and succeed unless those five persons also show up to court. They have to come themselves and we call upon them to come and take that Bible in their hand and swear an oath [indicating] their qualifications to vote in Elizabeth, then be cross-examined by the FNM team of lawyers."
Ingraham added that each of the five candidates in the election would also have the option to question each one of the protested voters and cross-examine them.
"At the end of the day, the court will make a decision. If these persons turn out to be persons that committed perjury or who lied, then there are laws to deal with that," he warned.
"So each of these persons will have to make their own decision on what they want to do. Let go, let be or expose yourself to the other place," said Ingraham, making a clear reference to Her Majesty's Prison.
"In the other place, you go there by yourself, no one goes with you. It's a very lonely place to be."
In addition to protesting five of the votes, the FNM also challenged a number of votes for various reasons. The votes of people who were challenged were counted in the final tally. The PLP also challenged a number of votes.
Asked yesterday how many votes the FNM challenged, Ingraham said that would be revealed in "phase three" of the Election Court challenge.
"Quite a few people were challenged — many people voted who do not live in Elizabeth. We never believed that there were [nearly] 5,000 people eligible to vote in Elizabeth," Ingraham said.
"The register said 4,943. We never believed that. In the last election [nearly 4,000] persons voted. We don't believe that the constituency has many more than that today."
He said the FNM found numerous empty apartments where no one lives.
Given that, Ingraham said voter turnout was probably around 75 percent.
Throughout the news conference, Sands was referred to as the member of Parliament-elect for the Elizabeth constituency. He also referred to himself that way.
"The results from the February 16th poll declared Dr. Duane Sands of the FNM the winner of the poll and hence the Elizabeth constituency MP-elect," said Ingraham.
"We are confident that once that process (if it is in fact undertaken) is completed that Dr. Duane Sands will once again be declared the winner of the February 16th poll. We will ensure that the intentions of the majority of those eligible to vote in the Elizabeth by-election are honored and upheld."
Ingraham added that the people of Elizabeth are entitled to and deserve full representation in the House of Assembly.
Unnecessary delays in the certification processes fail to honor both the spirit and the rules of our democratic traditions. The voice of Elizabeth must and will be fully heard in Parliament as soon as possible.
"In short, it is only a matter of time before Dr. Sands is certified as the member of Parliament for Elizabeth," Ingraham said. "He and the FNM won the election fair and square."
Sands, who briefly addressed supporters, said he is proud to be the member-elect for Elizabeth.
He thanked his supporters yesterday, and pledged to serve all the people in the constituency with the same passion that he brought to the campaign.
Sands said after the election results are certified, he would look forward for other opportunities to thank the people of Elizabeth.
Ingraham urged all FNM supporters to remain patient and calm. He told them to conduct themselves with dignity and good cheer as the rule of law is followed.
"Do not be provoked," he cautioned, adding that the FNM will remain focused throughout the next stages of this process.
"Finally, I urge all of those in political office and those engaged in party politics to refrain from any actions or irresponsible and intemperate language which may inflame passions," said the FNM leader.
"Our democracy has the procedures, rules and laws necessary to properly adjudicate the electoral matter at hand."
Februray 22, 2010
thenassauguardian
Sunday, February 21, 2010
Dr. Duane Sands Dissatisfied With Elizabeth by-election Results
BY KENDENO N. KNOWLES:
He was declared the unofficial winner of the much anticipated and hotly contested Elizabeth by-election, but Free National Movement (FNM) candidate Dr. Duane Sands only won the election by one point – almost 300 votes less than Prime Minister Hubert Ingraham had previously predicted.
Dr. Sands admitted last night that he was not too happy with the way things went at the polls.
Slightly disappointed with the close finish at the polls, the FNM candidate said the results have left him with a bit of uncertainty.
"It is not the type of feeling that I would have hoped to have had at this point. I imagine that [Progressive Liberal Party (PLP) candidate] Ryan Pinder is feeling similarly and that is almost unsure of what [Wednesday] is going to bring," Dr. Sands said.
While uncertainty looms about who the official winner is up to this point, Dr. Sands said he feels that he is more or less in a better position that Mr. Pinder.
"I prefer, however, to be in a position where I am one point up as opposed to one point down. But to be quite honest with you this is not going to be the jubilant night that we all expected," he said.
The exhausting campaign trail took the FNM candidate from door-to-door in the Elizabeth constituency and even to the houses of those that did not support him.
Even with that, Dr. Sands said he never doubted his success at the polls.
"I never doubted that I would win this election, but, we always gave the voters the respect that they deserved and you can see that one vote made all the difference," he said.
The ballots are scheduled to be recounted today and there is a possibility that Mr. Pinder might be declared the official winner.
If he loses, Dr. Sands said he would focus his energy on running in the 2012 General Election.
"If I do not win it’ll be over at this point, but now we [will have to] get on with the business of taking care of the people’s needs in Elizabeth," he said.
"If I don’t win I will be back practicing medicine and will return to seek the seat in Elizabeth in the 2012 election."
Dr. Sands could not say whether he would reapply for the many government and private positions he resigned from in order to pursue a political career.
Meanwhile National Development Party (NDP) candidate Dr. Andre Rollins – whose performance at the polls rivaled the performance of the other third parties – pointed out that while the PLP and FNM may have been successful at the polls, there was a poor voter turnout.
That is something Dr. Rollins said shows how fed-up the people of Elizabeth and around the country really are with both parties’ performance.
"I think that the poor voter turnout is evidence that many Bahamians are displeased with what is in fact the state of the nation. I think that many persons stayed home despite the excitement that we feel was being generated on a national level," he said.
"By virtue of the poor voter turnout, I believe it implies that persons were not sufficiently motivated or stimulated enough by either of the mainstream political parties."
Dr. Rollins said a look at the votes garnered by the third parties would reveal that all three of the parties made an impact on this election.
February 17th, 2010
jonesbahamas
He was declared the unofficial winner of the much anticipated and hotly contested Elizabeth by-election, but Free National Movement (FNM) candidate Dr. Duane Sands only won the election by one point – almost 300 votes less than Prime Minister Hubert Ingraham had previously predicted.
Dr. Sands admitted last night that he was not too happy with the way things went at the polls.
Slightly disappointed with the close finish at the polls, the FNM candidate said the results have left him with a bit of uncertainty.
"It is not the type of feeling that I would have hoped to have had at this point. I imagine that [Progressive Liberal Party (PLP) candidate] Ryan Pinder is feeling similarly and that is almost unsure of what [Wednesday] is going to bring," Dr. Sands said.
While uncertainty looms about who the official winner is up to this point, Dr. Sands said he feels that he is more or less in a better position that Mr. Pinder.
"I prefer, however, to be in a position where I am one point up as opposed to one point down. But to be quite honest with you this is not going to be the jubilant night that we all expected," he said.
The exhausting campaign trail took the FNM candidate from door-to-door in the Elizabeth constituency and even to the houses of those that did not support him.
Even with that, Dr. Sands said he never doubted his success at the polls.
"I never doubted that I would win this election, but, we always gave the voters the respect that they deserved and you can see that one vote made all the difference," he said.
The ballots are scheduled to be recounted today and there is a possibility that Mr. Pinder might be declared the official winner.
If he loses, Dr. Sands said he would focus his energy on running in the 2012 General Election.
"If I do not win it’ll be over at this point, but now we [will have to] get on with the business of taking care of the people’s needs in Elizabeth," he said.
"If I don’t win I will be back practicing medicine and will return to seek the seat in Elizabeth in the 2012 election."
Dr. Sands could not say whether he would reapply for the many government and private positions he resigned from in order to pursue a political career.
Meanwhile National Development Party (NDP) candidate Dr. Andre Rollins – whose performance at the polls rivaled the performance of the other third parties – pointed out that while the PLP and FNM may have been successful at the polls, there was a poor voter turnout.
That is something Dr. Rollins said shows how fed-up the people of Elizabeth and around the country really are with both parties’ performance.
"I think that the poor voter turnout is evidence that many Bahamians are displeased with what is in fact the state of the nation. I think that many persons stayed home despite the excitement that we feel was being generated on a national level," he said.
"By virtue of the poor voter turnout, I believe it implies that persons were not sufficiently motivated or stimulated enough by either of the mainstream political parties."
Dr. Rollins said a look at the votes garnered by the third parties would reveal that all three of the parties made an impact on this election.
February 17th, 2010
jonesbahamas
Saturday, February 20, 2010
Elizabeth by-election: Recount ends - No winner confirmed
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Forty-one hours after the recount of the three thousand plus ballots cast in the Elizabeth by-election got underway, the candidates in the hotly-contested race emerged with no clear winner being certified although the Free National Movement's Dr. Duane Sands was up by two votes.
The recount ended at 1 a.m. today.
Progressive Liberal Party officials indicated that they will invoke their entitlement under Section 69 of the Parliamentary Elections Act.
That provision provides for the Election Court to decide on protest votes if one candidate does not secure a margin of victory that exceeds his opponent's number of protest votes.
Sands' two vote margin is less than the five protest votes of PLP candidate Ryan Pinder. If the court approves Pinder's protest votes as regular votes, he could win the election.
The law states that in the event of any candidate wishing to avail himself of this provision, either he or his election agent shall notify the returning officer in writing immediately following the re-count, and in such case no such declaration of a winner shall be made.
The law requires that such an application be made within 10 days of the re-count.
"The procedure and practice of the Election Court on the hearing of such applications shall be regulated by rules which shall be made by the Rules Committee under section 75 of the Supreme Court Act, such rules making due provision for the preservation of the secrecy of the name or names of the candidate or candidates for whom each such protest ballot was cast; and at the hearing of any application all candidates for the relevant constituency shall be entitled to appear personally or by counsel, to call, examine or cross-examine any witnesses; and generally to be heard by the Election Court," the act states.
The law requires that the Election Court make a determination on the protest votes. In the event that the Court approves any such votes as legally cast, the protest votes shall be deemed to be regular votes and taken into account and added to the regular votes cast in favor of each candidate, and the returning officer shall declare the final result of the poll.
This morning's results were anti-climactic for hundreds of PLP and FNM supporters who waited off and on since before 8 a.m. Wednesday for the recount to end.
Except for a break between 9 a.m. and 2 p.m. yesterday, the counting was non-stop for the 12 polling divisions.
Since early yesterday morning, Progressive Liberal Party leader Perry Christie, who was present nonstop throughout the recount, told The Nassau Guardian that it appeared likely the matter will end up in Election Court.
"We know that after the ballots are counted we have five protest votes, which means really that if Dr. Sands does not have a majority of over four or five votes the protest votes must be and will be counted," Christie said early yesterday.
"If my candidate loses by fewer votes than five, and we then indicate our preparedness to go to the Election Court to have the protest ballots examined, yes, it would automatically go to the Election Court for that adjudication because when you add the protest votes [that our candidate got] it would give him the majority. So it would be a question of whether those votes will in fact be agreed to by the courts, so I think we are headed really as it looks now, to the Election Court."
Christie, who has been in politics for more than 30 years, said he has never seen anything like what played out before, during and after Tuesday's by-election.
"I've said publicly already that there has been an extraordinary amount of intimidation, perceived or otherwise. People felt it and I spoke publicly to it," he said. "There have been...inducements to get people to vote and there are people who have been given jobs and infrastructure improvements and we decried that. But on top of that the voting process itself was really much to be desired. And look how long we've been trying to arrive at a determination where people are very, very tired, and so we have to examine this with a view to trying to improve it.
"And I think, quite frankly, that this is time for the political parties — most certainly Hubert Ingraham and Perry Christie who've been in elected politics for 32 consecutive years — we have an obligation before we demit office to try to improve the electoral rules in our country so that we can avoid the kinds of problems we now face and we've seen enough signs to know that our system is headed toward being very corrupt and that in itself should be a tremendous warning to us that it is something that we should not accept and we should do something about."
Since 8 a.m. Wednesday, Sands had either been tied with Pinder in the race or up by one, two or three votes in what shaped up to be an extremely grueling and tedious exercise.
When the counting ended at 1 a.m., the unofficial results for polling division 12 remained unchanged. Pinder had 123 votes and Sands had 108.
Both the PLP and FNM had lawyers on hand during the recount, arguing over the last two days.
Sands has no protest votes. But the Bahamas Democratic Movement's Cassius Stuart has one.
February 19, 2010
thenassauguardian
Forty-one hours after the recount of the three thousand plus ballots cast in the Elizabeth by-election got underway, the candidates in the hotly-contested race emerged with no clear winner being certified although the Free National Movement's Dr. Duane Sands was up by two votes.
The recount ended at 1 a.m. today.
Progressive Liberal Party officials indicated that they will invoke their entitlement under Section 69 of the Parliamentary Elections Act.
That provision provides for the Election Court to decide on protest votes if one candidate does not secure a margin of victory that exceeds his opponent's number of protest votes.
Sands' two vote margin is less than the five protest votes of PLP candidate Ryan Pinder. If the court approves Pinder's protest votes as regular votes, he could win the election.
The law states that in the event of any candidate wishing to avail himself of this provision, either he or his election agent shall notify the returning officer in writing immediately following the re-count, and in such case no such declaration of a winner shall be made.
The law requires that such an application be made within 10 days of the re-count.
"The procedure and practice of the Election Court on the hearing of such applications shall be regulated by rules which shall be made by the Rules Committee under section 75 of the Supreme Court Act, such rules making due provision for the preservation of the secrecy of the name or names of the candidate or candidates for whom each such protest ballot was cast; and at the hearing of any application all candidates for the relevant constituency shall be entitled to appear personally or by counsel, to call, examine or cross-examine any witnesses; and generally to be heard by the Election Court," the act states.
The law requires that the Election Court make a determination on the protest votes. In the event that the Court approves any such votes as legally cast, the protest votes shall be deemed to be regular votes and taken into account and added to the regular votes cast in favor of each candidate, and the returning officer shall declare the final result of the poll.
This morning's results were anti-climactic for hundreds of PLP and FNM supporters who waited off and on since before 8 a.m. Wednesday for the recount to end.
Except for a break between 9 a.m. and 2 p.m. yesterday, the counting was non-stop for the 12 polling divisions.
Since early yesterday morning, Progressive Liberal Party leader Perry Christie, who was present nonstop throughout the recount, told The Nassau Guardian that it appeared likely the matter will end up in Election Court.
"We know that after the ballots are counted we have five protest votes, which means really that if Dr. Sands does not have a majority of over four or five votes the protest votes must be and will be counted," Christie said early yesterday.
"If my candidate loses by fewer votes than five, and we then indicate our preparedness to go to the Election Court to have the protest ballots examined, yes, it would automatically go to the Election Court for that adjudication because when you add the protest votes [that our candidate got] it would give him the majority. So it would be a question of whether those votes will in fact be agreed to by the courts, so I think we are headed really as it looks now, to the Election Court."
Christie, who has been in politics for more than 30 years, said he has never seen anything like what played out before, during and after Tuesday's by-election.
"I've said publicly already that there has been an extraordinary amount of intimidation, perceived or otherwise. People felt it and I spoke publicly to it," he said. "There have been...inducements to get people to vote and there are people who have been given jobs and infrastructure improvements and we decried that. But on top of that the voting process itself was really much to be desired. And look how long we've been trying to arrive at a determination where people are very, very tired, and so we have to examine this with a view to trying to improve it.
"And I think, quite frankly, that this is time for the political parties — most certainly Hubert Ingraham and Perry Christie who've been in elected politics for 32 consecutive years — we have an obligation before we demit office to try to improve the electoral rules in our country so that we can avoid the kinds of problems we now face and we've seen enough signs to know that our system is headed toward being very corrupt and that in itself should be a tremendous warning to us that it is something that we should not accept and we should do something about."
Since 8 a.m. Wednesday, Sands had either been tied with Pinder in the race or up by one, two or three votes in what shaped up to be an extremely grueling and tedious exercise.
When the counting ended at 1 a.m., the unofficial results for polling division 12 remained unchanged. Pinder had 123 votes and Sands had 108.
Both the PLP and FNM had lawyers on hand during the recount, arguing over the last two days.
Sands has no protest votes. But the Bahamas Democratic Movement's Cassius Stuart has one.
February 19, 2010
thenassauguardian
Wednesday, February 17, 2010
Elizabeth by-election: 1,700 voters a no-show
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
More than 1,700 people registered to vote in yesterday's historic by-election were a no-show.
There are 4,943 people on the register. However, according to the unofficial figures only 3,210 people cast their votes yesterday.
In addition to the Progressive Liberal Party's Ryan Pinder and the Free National Movement's Dr. Duane Sands, candidates in the by-election included Bahamas Democratic Movement leader Cassius Stuart, Workers Party leader Rodney Moncur and National Development Party chairman Dr. Andre Rollins.
The unofficial results show that Sands received 1,501 votes, Pinder got 1,500 votes, Stuart got 115 votes, Rollins received 73 votes and Moncur got 21 votes.
The Elizabeth seat became vacant last month when former PLP MP Malcolm Adderley resigned from the House of Assembly. He also resigned from the party.
In polling division number one, Sands received 108 votes; Pinder got 91 votes; Stuart got nine votes; Rollins received four votes and Moncur got two votes.
In polling division number two, Pinder received 145 votes; Sands got 111 votes; Stuart received five votes; Rollins got three votes while Moncur did not get any votes.
In polling division number three, Pinder got 141 votes; Sands received 134 votes; Stuart got 14 votes; Rollins got eight votes and Moncur got three votes.
In polling division number four, Sands received 188 votes; Pinder got 164 votes; Rollins got nine votes; Stuart got six votes, and Moncur received three votes.
In polling division number five, Sands got 106 votes; Pinder received 62 votes; Stuart received 16 votes; Rollins received six votes and Moncur got one vote.
In polling division number six, Sands got 157 votes; Pinder received 121 votes; Rollins got 11 votes; Stuart got nine votes and Moncur received one vote.
In polling division number seven, Pinder received 129 votes; Sands got 123 votes; Stuart and Rollins got two votes each, and Moncur got one vote.
In polling division number eight, Sands got 129 votes; Pinder received 106 votes; Stuart got nine votes; Rollins got five votes and Moncur got three votes.
In polling division number nine, Pinder got 86 votes; Sands got 85 votes; Stuart received 11 votes; Rollins received six votes and Moncur got two votes.
In polling division number 10, Pinder got 168 votes; Sands got 130 votes; Rollins got 12 votes; Stuart received 10 votes and Moncur got four votes.
In polling division number 11, Pinder got 164 votes; Sands received 122 votes; Stuart got 13 votes; Rollins got six votes while Moncur didn't get any votes.
In polling division number 12, Pinder received 123 votes; Sands got 108 votes; Stuart got 11 votes and Moncur and Rollins got one vote each.
Returning Officer Jack Thompson said five of Pinder's votes were challenged and were not counted last night.
Thompson added that one of Stuart's votes was also challenged.
Election officials will recount the ballots today.
February 17, 2010
thenassauguardian
More than 1,700 people registered to vote in yesterday's historic by-election were a no-show.
There are 4,943 people on the register. However, according to the unofficial figures only 3,210 people cast their votes yesterday.
In addition to the Progressive Liberal Party's Ryan Pinder and the Free National Movement's Dr. Duane Sands, candidates in the by-election included Bahamas Democratic Movement leader Cassius Stuart, Workers Party leader Rodney Moncur and National Development Party chairman Dr. Andre Rollins.
The unofficial results show that Sands received 1,501 votes, Pinder got 1,500 votes, Stuart got 115 votes, Rollins received 73 votes and Moncur got 21 votes.
The Elizabeth seat became vacant last month when former PLP MP Malcolm Adderley resigned from the House of Assembly. He also resigned from the party.
In polling division number one, Sands received 108 votes; Pinder got 91 votes; Stuart got nine votes; Rollins received four votes and Moncur got two votes.
In polling division number two, Pinder received 145 votes; Sands got 111 votes; Stuart received five votes; Rollins got three votes while Moncur did not get any votes.
In polling division number three, Pinder got 141 votes; Sands received 134 votes; Stuart got 14 votes; Rollins got eight votes and Moncur got three votes.
In polling division number four, Sands received 188 votes; Pinder got 164 votes; Rollins got nine votes; Stuart got six votes, and Moncur received three votes.
In polling division number five, Sands got 106 votes; Pinder received 62 votes; Stuart received 16 votes; Rollins received six votes and Moncur got one vote.
In polling division number six, Sands got 157 votes; Pinder received 121 votes; Rollins got 11 votes; Stuart got nine votes and Moncur received one vote.
In polling division number seven, Pinder received 129 votes; Sands got 123 votes; Stuart and Rollins got two votes each, and Moncur got one vote.
In polling division number eight, Sands got 129 votes; Pinder received 106 votes; Stuart got nine votes; Rollins got five votes and Moncur got three votes.
In polling division number nine, Pinder got 86 votes; Sands got 85 votes; Stuart received 11 votes; Rollins received six votes and Moncur got two votes.
In polling division number 10, Pinder got 168 votes; Sands got 130 votes; Rollins got 12 votes; Stuart received 10 votes and Moncur got four votes.
In polling division number 11, Pinder got 164 votes; Sands received 122 votes; Stuart got 13 votes; Rollins got six votes while Moncur didn't get any votes.
In polling division number 12, Pinder received 123 votes; Sands got 108 votes; Stuart got 11 votes and Moncur and Rollins got one vote each.
Returning Officer Jack Thompson said five of Pinder's votes were challenged and were not counted last night.
Thompson added that one of Stuart's votes was also challenged.
Election officials will recount the ballots today.
February 17, 2010
thenassauguardian
Tuesday, February 16, 2010
Ryan Pinder lashed on citizenship issue
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Although Progressive Liberal Party candidate for Elizabeth Ryan Pinder has announced that he has renounced his citizenship in the United States, a search of Florida voters yesterday still lists him as eligible to vote in that country.
Pinder is listed as a resident of Plantation, Florida.
Minister of National Security Tommy Turnquest raised the issue of Pinder's citizenship last night, when he addressed the final Free National Movement rally ahead of today's by-election in Elizabeth.
"Now that the heat is on, Mr. Pinder is saying that he has renounced his U.S. citizenship," Turnquest said.
"...I have nothing against Americans; I just don't want them to run The Bahamas."
Turnquest said Pinder's mother, wife and children are all still American citizens.
Pinder voted in Broward County, Florida, by absentee ballot in the November 4, 2008 general election and municipal elections, he said.
Turnquest noted that Pinder requested an absentee ballot on August 26, 2008; the ballot was mailed to him at 11841 Tara Drive, Plantation, Fla, 33325 on September 26, 2008, and he returned the completed ballot on October 30, 2008.
For the March 10, 2009 municipal general elections in Broward County, less than one year ago, Pinder requested an absentee ballot on February 13, 2009 and the ballot was mailed to him at his Plantation address on February 24, 2009, Turnquest told the crowd.
"If he was interested only in The Bahamas why is he voting in the United States of America?" Turnquest asked.
"In fact, Leo Ryan Pinder only registered in The Bahamas for the very first time in his life in October 2008.
He has never voted in The Bahamas before; not in 1997 when he was 22 years old; not in 2002, nor in 2007. He is now 35 years old and he has never voted in The Bahamas. He has only voted where he is a citizen and where he was interested in the affairs of that country. He has only voted in the USA and never in The Bahamas. Is this someone you want to try Elizabeth?"
Last night, Pinder told The Nassau Guardian that the reason why his name still appears on the U.S. voter register is that that register is only updated during election time.
"My U.S. citizenship is not an issue and renunciation is not an issue in this campaign," Pinder said. "I am focused on the good people of Elizabeth, addressing their issues and concerns as the representative and I will not be brought down into the personal attacks that the Free National Movement has found themselves involved in."
Asked whether it is true that he has never voted in an election in The Bahamas, Pinder said, "I am a registered voter in the Clifton constituency."
Pressed repeatedly on the matter, the PLP candidate said, "I did not reside in The Bahamas and it would have been illegal for me to vote in The Bahamas having not resided in The Bahamas."
Prime Minister Hubert Ingraham also raised the citizenship issue when he addressed the FNM rally last night.
He said that in electing the FNM's candidate Dr. Duane Sands to Parliament, voters need not have any concern that he is not qualified to be an MP.
"An essential qualification to be an MP is that you must be a citizen of The Bahamas, and you must be that on the day you nominate for a seat, and on the day of your election to Parliament," Ingraham said.
Pinder told The Guardian that he renounced his U.S. citizenship prior to nominating, but he insisted it was not done for political reasons.
"It was completely voluntary," he said.
Asked whether the PLP asked Pinder to give up his U.S. citizenship, one senior PLP official told The Guardian that the party's candidate's committee asked Pinder to do "certain things" but he did not go further, saying the party's hierarchy had committed to keeping its discussions private.
Last night Ingraham told supporters, "Dr. Sands is a Bahamian citizen. Since the day of Independence he has been a citizen of The Bahamas. He is not now and has never been a citizen of any other country. He has no citizenship to renounce. He has only one loyalty. That is to our flag. He registered and votes in Bahamian elections, been doing so since he was 20 years old."
The prime minister said Elizabeth voters will decide today whether they want an MP who will be a part of the decision-making apparatus and structure of the FNM government or have an MP who would be in opposition.
"The choice for tomorrow is clear," he said. "I await your judgment."
February 16, 2010
thenassauguardian
Although Progressive Liberal Party candidate for Elizabeth Ryan Pinder has announced that he has renounced his citizenship in the United States, a search of Florida voters yesterday still lists him as eligible to vote in that country.
Pinder is listed as a resident of Plantation, Florida.
Minister of National Security Tommy Turnquest raised the issue of Pinder's citizenship last night, when he addressed the final Free National Movement rally ahead of today's by-election in Elizabeth.
"Now that the heat is on, Mr. Pinder is saying that he has renounced his U.S. citizenship," Turnquest said.
"...I have nothing against Americans; I just don't want them to run The Bahamas."
Turnquest said Pinder's mother, wife and children are all still American citizens.
Pinder voted in Broward County, Florida, by absentee ballot in the November 4, 2008 general election and municipal elections, he said.
Turnquest noted that Pinder requested an absentee ballot on August 26, 2008; the ballot was mailed to him at 11841 Tara Drive, Plantation, Fla, 33325 on September 26, 2008, and he returned the completed ballot on October 30, 2008.
For the March 10, 2009 municipal general elections in Broward County, less than one year ago, Pinder requested an absentee ballot on February 13, 2009 and the ballot was mailed to him at his Plantation address on February 24, 2009, Turnquest told the crowd.
"If he was interested only in The Bahamas why is he voting in the United States of America?" Turnquest asked.
"In fact, Leo Ryan Pinder only registered in The Bahamas for the very first time in his life in October 2008.
He has never voted in The Bahamas before; not in 1997 when he was 22 years old; not in 2002, nor in 2007. He is now 35 years old and he has never voted in The Bahamas. He has only voted where he is a citizen and where he was interested in the affairs of that country. He has only voted in the USA and never in The Bahamas. Is this someone you want to try Elizabeth?"
Last night, Pinder told The Nassau Guardian that the reason why his name still appears on the U.S. voter register is that that register is only updated during election time.
"My U.S. citizenship is not an issue and renunciation is not an issue in this campaign," Pinder said. "I am focused on the good people of Elizabeth, addressing their issues and concerns as the representative and I will not be brought down into the personal attacks that the Free National Movement has found themselves involved in."
Asked whether it is true that he has never voted in an election in The Bahamas, Pinder said, "I am a registered voter in the Clifton constituency."
Pressed repeatedly on the matter, the PLP candidate said, "I did not reside in The Bahamas and it would have been illegal for me to vote in The Bahamas having not resided in The Bahamas."
Prime Minister Hubert Ingraham also raised the citizenship issue when he addressed the FNM rally last night.
He said that in electing the FNM's candidate Dr. Duane Sands to Parliament, voters need not have any concern that he is not qualified to be an MP.
"An essential qualification to be an MP is that you must be a citizen of The Bahamas, and you must be that on the day you nominate for a seat, and on the day of your election to Parliament," Ingraham said.
Pinder told The Guardian that he renounced his U.S. citizenship prior to nominating, but he insisted it was not done for political reasons.
"It was completely voluntary," he said.
Asked whether the PLP asked Pinder to give up his U.S. citizenship, one senior PLP official told The Guardian that the party's candidate's committee asked Pinder to do "certain things" but he did not go further, saying the party's hierarchy had committed to keeping its discussions private.
Last night Ingraham told supporters, "Dr. Sands is a Bahamian citizen. Since the day of Independence he has been a citizen of The Bahamas. He is not now and has never been a citizen of any other country. He has no citizenship to renounce. He has only one loyalty. That is to our flag. He registered and votes in Bahamian elections, been doing so since he was 20 years old."
The prime minister said Elizabeth voters will decide today whether they want an MP who will be a part of the decision-making apparatus and structure of the FNM government or have an MP who would be in opposition.
"The choice for tomorrow is clear," he said. "I await your judgment."
February 16, 2010
thenassauguardian
Thursday, February 11, 2010
Dr. Duane Sands: I support National Health Insurance (NHI)
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
In 2006 when the debate over National Health Insurance (NHI) was raging, Dr. Duane Sands emerged as a key opposition voice to the plan as presented by the Christie administration.
Today, as the Free National Movement's candidate in the approaching by-election, Sands is making headlines for other reasons, but his opponents are quick to remind voters that four years ago he fought the battle against the highly touted program.
"My impression was he did not support National Health Insurance," said Dr. Bernard Nottage, who was minister of health in 2006 and is now the Progressive Liberal Party's coordinator for its Elizabeth by-election campaign.
"Indeed, my impression was he did not support universal health insurance. Dr. Sands is an influential physician who has worked in our system in both the private and public [sectors] for many years. And he knows the weaknesses and the faults of the system. He knows that there are people in this country who when they fall ill are denied care because they do not have the money to pay."
Sands on the other hand suggested that because he has worked in the system for such a long time, he has a good idea of what is realistic and what is not. And what the PLP was proposing in 2006, he said, was just not realistic.
"It's interesting that much of what is being said about me now is that I opposed National Health Insurance (NHI)," Sands said yesterday. "There's nothing further from the truth. I did not oppose National Health Insurance. I didn't then and I don't oppose it now.
"What I did oppose was something that was poorly conceived and likely to be poorly executed, and I thought that we were trying to sell the Bahamian public a bill of goods for political mileage. I say that without fear of contradiction. At the time, when I was a technical person in the Ministry [of Health], I said this cannot work, this will not accomplish what it is setting out to do."
In 2006, Sands was part of the National Coalition for Health Care Reform.
Back then he said, "I have absolutely no problem with a National Health Insurance Plan.
"I think it should happen now. I think we need to make dramatic changes in the way health care is delivered. We need to improve access for our Bahamian people, but I've gone on record, and I go on record today, as saying this plan as currently touted will not do what it's intended to do, and more importantly, I believe that we're not terribly far off from the proponents of the current [proposed] National Health Insurance Plan.
"I believe that there's enough talent in this country that if we sit down together and hash out the differences we can all develop a National Health Insurance Plan which we can be proud of, which would be sustainable and which would achieve the noble goals set out by the Blue Ribbon Commission [on National Health Insurance]. We're not terribly far off."
When the National Health Insurance Bill came to Parliament in 2006, Free National Movement members supported it, although they repeatedly pointed to what they called flaws in the Christie government's NHI plan.
In his contribution to the debate on December 6, 2002, then leader of the opposition Hubert Ingraham pointed out that the bill would not have created NHI.
"If, according to them (the PLP) people are dying because there is no National Health Insurance, then people will continue to die because this bill is most certainly not delivering National Health Insurance," Ingraham said.
The bill was passed, but had a short shelf life as it came mere months before the Christie administration's one term in government ended. Under the Ingraham administration, talk of NHI has taken on new form.
The government has said its national drug prescription plan is the first step to NHI and that there will be other steps in its planned phased approach, although no timelines have been given.
But Nottage is doubtful that any meaningful National Health Insurance Scheme will ever develop under the current administration.
"If poor people can't afford it now, how are they going to be able afford it in the future unless there is a national system which we were trying to implement, a system by the way which requires every person who is employed to make a contribution toward health care in the country, pooling the resources so that everybody pays and when one of us becomes ill [we] would not have to worry about having the cash to pay," he said yesterday.
The former health minister said some members of the medical profession are ambivalent about National Health Insurance.
"They want people to have good health care but they don't want to make the sacrifices that are required for them to have good care," he said. "And some of those sacrifices include having to forgo many of the benefits that health professionals have, and so I think it is that ambivalence that has created this opposition."
Sands said in 2006 that he is prepared to work with anyone to come up with a plan that will be sustainable and realistic.
Yesterday he said, "Let's not offer people something that it isn't. National Health Insurance, universal health care, health care reform are emotionally charged buzz words because health care is so critical in a personal way and in a national way. You've got to be very careful that you don't take people's emotions and run with them in a way that you hold out something that is not real. That's lying to people.
"What you need to be able to do is say 'here's where we are, here's where we'd like to go and we think this is where we can get to'. You've got to be honest. I think people understand and appreciate honesty."
February 11, 2010
thenassauguardian
In 2006 when the debate over National Health Insurance (NHI) was raging, Dr. Duane Sands emerged as a key opposition voice to the plan as presented by the Christie administration.
Today, as the Free National Movement's candidate in the approaching by-election, Sands is making headlines for other reasons, but his opponents are quick to remind voters that four years ago he fought the battle against the highly touted program.
"My impression was he did not support National Health Insurance," said Dr. Bernard Nottage, who was minister of health in 2006 and is now the Progressive Liberal Party's coordinator for its Elizabeth by-election campaign.
"Indeed, my impression was he did not support universal health insurance. Dr. Sands is an influential physician who has worked in our system in both the private and public [sectors] for many years. And he knows the weaknesses and the faults of the system. He knows that there are people in this country who when they fall ill are denied care because they do not have the money to pay."
Sands on the other hand suggested that because he has worked in the system for such a long time, he has a good idea of what is realistic and what is not. And what the PLP was proposing in 2006, he said, was just not realistic.
"It's interesting that much of what is being said about me now is that I opposed National Health Insurance (NHI)," Sands said yesterday. "There's nothing further from the truth. I did not oppose National Health Insurance. I didn't then and I don't oppose it now.
"What I did oppose was something that was poorly conceived and likely to be poorly executed, and I thought that we were trying to sell the Bahamian public a bill of goods for political mileage. I say that without fear of contradiction. At the time, when I was a technical person in the Ministry [of Health], I said this cannot work, this will not accomplish what it is setting out to do."
In 2006, Sands was part of the National Coalition for Health Care Reform.
Back then he said, "I have absolutely no problem with a National Health Insurance Plan.
"I think it should happen now. I think we need to make dramatic changes in the way health care is delivered. We need to improve access for our Bahamian people, but I've gone on record, and I go on record today, as saying this plan as currently touted will not do what it's intended to do, and more importantly, I believe that we're not terribly far off from the proponents of the current [proposed] National Health Insurance Plan.
"I believe that there's enough talent in this country that if we sit down together and hash out the differences we can all develop a National Health Insurance Plan which we can be proud of, which would be sustainable and which would achieve the noble goals set out by the Blue Ribbon Commission [on National Health Insurance]. We're not terribly far off."
When the National Health Insurance Bill came to Parliament in 2006, Free National Movement members supported it, although they repeatedly pointed to what they called flaws in the Christie government's NHI plan.
In his contribution to the debate on December 6, 2002, then leader of the opposition Hubert Ingraham pointed out that the bill would not have created NHI.
"If, according to them (the PLP) people are dying because there is no National Health Insurance, then people will continue to die because this bill is most certainly not delivering National Health Insurance," Ingraham said.
The bill was passed, but had a short shelf life as it came mere months before the Christie administration's one term in government ended. Under the Ingraham administration, talk of NHI has taken on new form.
The government has said its national drug prescription plan is the first step to NHI and that there will be other steps in its planned phased approach, although no timelines have been given.
But Nottage is doubtful that any meaningful National Health Insurance Scheme will ever develop under the current administration.
"If poor people can't afford it now, how are they going to be able afford it in the future unless there is a national system which we were trying to implement, a system by the way which requires every person who is employed to make a contribution toward health care in the country, pooling the resources so that everybody pays and when one of us becomes ill [we] would not have to worry about having the cash to pay," he said yesterday.
The former health minister said some members of the medical profession are ambivalent about National Health Insurance.
"They want people to have good health care but they don't want to make the sacrifices that are required for them to have good care," he said. "And some of those sacrifices include having to forgo many of the benefits that health professionals have, and so I think it is that ambivalence that has created this opposition."
Sands said in 2006 that he is prepared to work with anyone to come up with a plan that will be sustainable and realistic.
Yesterday he said, "Let's not offer people something that it isn't. National Health Insurance, universal health care, health care reform are emotionally charged buzz words because health care is so critical in a personal way and in a national way. You've got to be very careful that you don't take people's emotions and run with them in a way that you hold out something that is not real. That's lying to people.
"What you need to be able to do is say 'here's where we are, here's where we'd like to go and we think this is where we can get to'. You've got to be honest. I think people understand and appreciate honesty."
February 11, 2010
thenassauguardian
Wednesday, February 10, 2010
Prime Minister Hubert Ingraham: Opposition Leader Perry Christie failed to use '07 constituency allowance
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Opposition Leader Perry Christie did not use any of the $100,000 allocated by the government for projects in his Farm Road constituency in 2007/2008, according to Prime Minister Hubert Ingraham.
But Christie explained that he was taking time to focus on completing necessary and effective projects.
Ingraham made the revelation on Sunday while responding to suggestions by the Progressive Liberal Party that the government would neglect Elizabeth if voters there do not elect Dr. Duane Sands as their member of Parliament next week.
"We continue to demonstrate that we don't do work in constituencies because of who [the constituents] support," said Ingraham during a news conference on Sunday.
"In fact, in some constituencies where we made monies available like $100,000 for the MPs to decide on what should be done in the constituency, people like Mr. Perry Christie in the first year didn't spend any of the money at all. He determined in the first year that there wasn't anything to be done while others like Yamacraw [MP Melanie Griffin] and St. Cecilia [Cynthia 'Mother' Pratt] overspent because they figured they had needs in their constituency to be dealt with."
Yesterday, Christie admitted that he took longer to spend his constituency allowance than others did, but he said it was not because there was no work to be done in that area.
Christie said that during the year in question, his constituency office was planning how best it could use the allowance.
He said plans are now in place to expand three parks in his constituency and to add bathroom facilities in at least two of the parks.
He said both the Hay Street park and the Sunlight Village park are heavily used and do not have bathrooms. The Fowler Street park needs to be expanded, he said.
Christie said he has asked the government to acquire adjoining property to make it larger, and to completely refurbish the park.
He said the work is extensive and would cost more than the $100,000 allowance.
"If he's saying that I didn't use the money as quickly as some of the other MPs, he's probably dead right," said Christie, who added that by planning what he would do more thoroughly he probably used the money more efficiently.
"I don't know what Ingraham was intending to achieve by making that announcement but my sense was that I had to somehow expand the parks and I'm doing that."
Christie said the Ministry of Works recently acknowledged that its employees visited the site and took measurements of the parks. It has also been acknowledged that the bids went out to complete the work, Christie added.
The government also allocated $100,000 in fiscal year 2008/2009 to each MP for projects in the various constituencies.
February 09, 2010
thenassauguardian
Opposition Leader Perry Christie did not use any of the $100,000 allocated by the government for projects in his Farm Road constituency in 2007/2008, according to Prime Minister Hubert Ingraham.
But Christie explained that he was taking time to focus on completing necessary and effective projects.
Ingraham made the revelation on Sunday while responding to suggestions by the Progressive Liberal Party that the government would neglect Elizabeth if voters there do not elect Dr. Duane Sands as their member of Parliament next week.
"We continue to demonstrate that we don't do work in constituencies because of who [the constituents] support," said Ingraham during a news conference on Sunday.
"In fact, in some constituencies where we made monies available like $100,000 for the MPs to decide on what should be done in the constituency, people like Mr. Perry Christie in the first year didn't spend any of the money at all. He determined in the first year that there wasn't anything to be done while others like Yamacraw [MP Melanie Griffin] and St. Cecilia [Cynthia 'Mother' Pratt] overspent because they figured they had needs in their constituency to be dealt with."
Yesterday, Christie admitted that he took longer to spend his constituency allowance than others did, but he said it was not because there was no work to be done in that area.
Christie said that during the year in question, his constituency office was planning how best it could use the allowance.
He said plans are now in place to expand three parks in his constituency and to add bathroom facilities in at least two of the parks.
He said both the Hay Street park and the Sunlight Village park are heavily used and do not have bathrooms. The Fowler Street park needs to be expanded, he said.
Christie said he has asked the government to acquire adjoining property to make it larger, and to completely refurbish the park.
He said the work is extensive and would cost more than the $100,000 allowance.
"If he's saying that I didn't use the money as quickly as some of the other MPs, he's probably dead right," said Christie, who added that by planning what he would do more thoroughly he probably used the money more efficiently.
"I don't know what Ingraham was intending to achieve by making that announcement but my sense was that I had to somehow expand the parks and I'm doing that."
Christie said the Ministry of Works recently acknowledged that its employees visited the site and took measurements of the parks. It has also been acknowledged that the bids went out to complete the work, Christie added.
The government also allocated $100,000 in fiscal year 2008/2009 to each MP for projects in the various constituencies.
February 09, 2010
thenassauguardian
Wednesday, February 3, 2010
Rodney Moncur - Workers Party Leader: Dr. Duane Sands (FNM) is Disqualified from running in the up-coming bye-election in the Elizabeth Constituency
WORKERS PARTYElizabeth Constituency Election Headquarters Of
Rodney Moncur / February 2nd 2010
Duane Sands is Disqualified
Article 48, Section 1(j) of the Constitution of The Bahamas states that ” No person shall be qualified to be elected as a member of the House of Assembly who is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the gazette within one month before the day of election.”
This is the supreme law of the land and, in the case of the up-coming bye-election in Elizabeth on February 16, 2010, this means that any one who contemplated running in the bye-election and who had a contract with the Government, had to make such a declaration in the Official Gazette on or before January 17, 2010, thirty days before the election.
That person should have then brought a copy of that Gazette to the Returning Officer on 29th January 2010, nomination day, as documentary evidence that he had complied with Article 28, Section 1(j).
On nomination day, Dr. Duane Sands declared before the Returning Officer in a letter dated 29 January 2010, that he owned shares in a medical company which had a contract with the Bahamas Government.
At no time before this, and in the stipulated time-frame did Dr. Sands disclose in the Gazette his interest as it related to this contractual relationship with the Government, although this disclosure is clearly stipulated by the Constitution, which is the supreme law of the land.
The first time that Dr. Sands disclosed his contract with the Government was on February 1st 2010, fifteen days too late, according to the Constitution; and this happened only because the disclosure was incidental in the Government Notice of Nomination in a Contested Election, published by the Parliamentary Registration Department.
I charge that the Returning Officer should have detected this flaw in the nomination of Dr. Sands, just as he detected a flaw in the nomination of Mr. Godfrey Pinder.
Once Dr. Sands had advised Mr. Jack Thompson, the Returning Officer, in his letter of 29 January 2010, that he had a contract with the Bahamas Government, Thompson should have then demanded, promptly and on the spot, evidence that Sands had complied with Article 48 1(j).
Unfortunately, he did not do this. And so Dr. Duane Sands, although in full violation of one of the fundamental rules of free and fair elections, is a candidate in the up-coming election.
This amounts to a grave travesty of democracy perpetrated on all the Bahamian people by the Free National Movement under Hubert Ingraham; and Dr. Duane Sands should disassociate himself from this shameful disgrace, withdraw from the race and return to his medical practice which this country so desperately needs.
I welcome political competition and I am not afraid of it. I have been in front line politics longer than all of the other candidates. However, the Constitution is the supreme law of the land and every citizen, and the Government as well, must adhere to the provisions therein.
I charge that Dr. Duane Sands is disqualified from running in the up-coming bye-election because he has not complied with the requirement of the Constitution as outlined in Article 48,1(j), which constitutes one of the fundamental qualifications of a candidate.
And I therefore call on Dr. Duane Sands to act honourably and drop out of the bye-election forthwith; he and all his FNM hosts.
Rodney Moncur
Candidate
February 2, 2010
Bahamas Blog International
Tuesday, February 2, 2010
Elizabeth by-election candidates declare assets
By Juan Mccartney ~ Guardian Senior Reporter ~ juan@nasguard.com:
Two of the five men vying for the Elizabeth seat in the February 16 by-election are millionaires, while one is in arrears with at least two government agencies, according to their declarations of assets that were gazetted in yesterday's edition of The Nassau Guardian.
The wealthiest of the five candidates running is Dr. Duane Sands, who is running on the Free National Movement ticket. Dr. Sands, a heart surgeon who is chief of surgery at the Princess Margaret Hospital, declared a net worth of $6.785 million.
Dr. Sands reportedly earns $455,000 per year and has extensive real estate holdings, as well as more than $3 million in equity in his medical practice.
The second wealthiest man on the list of candidates is Bahamas Democratic Movement (BDM) leader and business consultant Cassius Stuart. His net worth is listed at around $1.16 million dollars.
Stuart claimed to have more than $500,000 in real estate holdings, and about the same in the cash value of his life insurance policy. Stuart claimed an annual income of about $140,000.
Not too far behind Stuart is Progressive Liberal Party (PLP) candidate and tax attorney Ryan Pinder.
The 34-year-old's net worth is listed at just under $750,000.
Pinder, who claimed to bring in $220,000 per year, has about $900,000 in real estate holdings, but claimed mortgages on those holdings in excess of $725,000.
National Development Party (NDP) candidate and orthodontist Dr. Andre Rollins claimed a net worth of about $142,000.
That amount should put Rollins at the bottom of the list.
However, Rollins claimed nearly $1 million in assets, but it appears that hefty mortgages are affecting his bottom line.
Rollins claimed that he brings in about $80,000 a year.
Workers party leader and taxi driver Rodney Moncur, whose net worth is reportedly $152,000, should actually place him fourth on the list.
But Moncur's assets are nowhere near those of the other candidates.
In terms of income, Moncur claimed that he brings in about $615 per year.
And unlike his counterparts, Moncur also listed the individual value of his personal property.
Among that property is a dictionary he claims is worth five hundred dollars, as well as assorted fruit trees valued at $386 dollars. Moncur also claims to be in arrears with the Bahamas Mortgage Corporation and the Bahamas Electricity Corporation (BEC) to the tune of $1,200 each.
Parliamentary Commissioner Errol Bethel said the asset declarations are necessary so as to ensure that nominees who are participating in the race disclose everything about their financial lives to the public.
"We want to make sure that the nominees who are running are people who we can look up to as honorable persons," Bethel said yesterday. "And they are required by law to make a declaration as to what their assets are when they nominate for Parliament. The important thing is that people should be honest with these declarations. That's the most important thing."
Bethel admitted yesterday that the system of disclosure is not foolproof. He said there is no mechanism in place for the Parliamentary Registration Department to find out if a person is bankrupt, which would automatically disqualify them from being a member of Parliament.
"Nobody is bankrupt as far as we're concerned," he said. "Unless the person has actually been declared bankrupt. So when the person presents himself to us, the requirement of the law is that he presents certain documents and once those documents are in order and he presents the nomination fee ($400), then he is accepted as a candidate. And once the returning officer accepts these documents, then the person stands nominated as a candidate for the election."
As far as the validity of the declaration is concerned, Bethel said, "We don't do anything to verify that."
"There is a commission of public disclosure and if anybody is to check into that, it would be that body," he said. "But definitely not us."
February 2, 2010
thenassauguardian
Two of the five men vying for the Elizabeth seat in the February 16 by-election are millionaires, while one is in arrears with at least two government agencies, according to their declarations of assets that were gazetted in yesterday's edition of The Nassau Guardian.
The wealthiest of the five candidates running is Dr. Duane Sands, who is running on the Free National Movement ticket. Dr. Sands, a heart surgeon who is chief of surgery at the Princess Margaret Hospital, declared a net worth of $6.785 million.
Dr. Sands reportedly earns $455,000 per year and has extensive real estate holdings, as well as more than $3 million in equity in his medical practice.
The second wealthiest man on the list of candidates is Bahamas Democratic Movement (BDM) leader and business consultant Cassius Stuart. His net worth is listed at around $1.16 million dollars.
Stuart claimed to have more than $500,000 in real estate holdings, and about the same in the cash value of his life insurance policy. Stuart claimed an annual income of about $140,000.
Not too far behind Stuart is Progressive Liberal Party (PLP) candidate and tax attorney Ryan Pinder.
The 34-year-old's net worth is listed at just under $750,000.
Pinder, who claimed to bring in $220,000 per year, has about $900,000 in real estate holdings, but claimed mortgages on those holdings in excess of $725,000.
National Development Party (NDP) candidate and orthodontist Dr. Andre Rollins claimed a net worth of about $142,000.
That amount should put Rollins at the bottom of the list.
However, Rollins claimed nearly $1 million in assets, but it appears that hefty mortgages are affecting his bottom line.
Rollins claimed that he brings in about $80,000 a year.
Workers party leader and taxi driver Rodney Moncur, whose net worth is reportedly $152,000, should actually place him fourth on the list.
But Moncur's assets are nowhere near those of the other candidates.
In terms of income, Moncur claimed that he brings in about $615 per year.
And unlike his counterparts, Moncur also listed the individual value of his personal property.
Among that property is a dictionary he claims is worth five hundred dollars, as well as assorted fruit trees valued at $386 dollars. Moncur also claims to be in arrears with the Bahamas Mortgage Corporation and the Bahamas Electricity Corporation (BEC) to the tune of $1,200 each.
Parliamentary Commissioner Errol Bethel said the asset declarations are necessary so as to ensure that nominees who are participating in the race disclose everything about their financial lives to the public.
"We want to make sure that the nominees who are running are people who we can look up to as honorable persons," Bethel said yesterday. "And they are required by law to make a declaration as to what their assets are when they nominate for Parliament. The important thing is that people should be honest with these declarations. That's the most important thing."
Bethel admitted yesterday that the system of disclosure is not foolproof. He said there is no mechanism in place for the Parliamentary Registration Department to find out if a person is bankrupt, which would automatically disqualify them from being a member of Parliament.
"Nobody is bankrupt as far as we're concerned," he said. "Unless the person has actually been declared bankrupt. So when the person presents himself to us, the requirement of the law is that he presents certain documents and once those documents are in order and he presents the nomination fee ($400), then he is accepted as a candidate. And once the returning officer accepts these documents, then the person stands nominated as a candidate for the election."
As far as the validity of the declaration is concerned, Bethel said, "We don't do anything to verify that."
"There is a commission of public disclosure and if anybody is to check into that, it would be that body," he said. "But definitely not us."
February 2, 2010
thenassauguardian
Subscribe to:
Posts (Atom)