WikiLeaks cables: Perry Christie, the opposition leader planned to resign from the Progressive Liberal Party (PLP) if it was unsuccessful in its Election Court challenges that followed the 2007 general election - according to a U.S. Embassy diplomatic cable written in 2008

Cable: Christie considered resigning

BY CANDIA DAMES
NG News Editor
thenassauguardian
candia@nasguard.com


U.S. Embassy official says 'backstabbing' plagued PLP govt



Opposition Leader Perry Christie told a U.S. Embassy official that he planned to resign from the Progressive Liberal Party (PLP) if the party was unsuccessful in its Election Court challenges that followed the 2007 poll, according to a diplomatic cable written in 2008.

The official wrote that Christie indicated that “he would stay on only as long as the PLP had a realistic chance of being named the victor in the contested seats.”

It is unclear which embassy official wrote the cable, but then Ambassador Ned Siegel’s name is at the end of the document.

Following the 2007 general election, the PLP through its defeated candidates challenged three seats: Pinewood, Marco City and Blue Hills.

It lost both the Pinewood and Marco City challenges. The Blue Hills challenge was dropped.
Leslie Miller, who ran for the PLP in Blue Hills, said he considered the challenge a waste of time, as elections are not won in court.

After the Pinewood loss, and Kenyatta Gibson’s resignation from the PLP, the American diplomat speculated in the 2008 cable that Christie was about to step down.

“For the foreseeable future, the PLP will be distracted and consumed with its ongoing internal disarray and lack of direction,” the official wrote.

“The party convention, if and when it is held, may not resolve even the leadership crisis....With this defection (Gibson) and the FNM victory in the first court challenge, it is likely that Christie will now step aside unless the factionalism is so strong that no consensus can be reached on a successor.”

In the 2008 cable, the embassy official wrote, “Gibson’s resignation is a big nail in Perry Christie’s political coffin.

“It will intensify pressure for Christie to step aside for new leadership. It also eases political pressure on the FNM, which is expecting to win ongoing court challenges to three seats by the PLP.”

The embassy official expressed the view that Gibson’s “attack” on Christie after his resignation from the party was ironic given that he was one of the MPs involved in a high-profile fight in the Cabinet Office while the PLP was in office.

“Christie’s unwillingness to replace Gibson fed the image of his indecisiveness as a leader, and of the PLP as a party without internal discipline,” the cable said.

“Christie no doubt feels personally betrayed for having stood by Gibson only to have Gibson bite his hand.”

The cable added: “The resignation has laid bare the fractional lines in the party, with the party’s official website now being used to criticize other members, and those members in turn publicly criticizing the party’s own website.”

The embassy official wrote that Gibson’s resignation undermined the PLP leadership’s post-election strategy of contesting the three seats.

“The resignation, which was accompanied by a blistering exchange with the PLP leadership, is a blow to the embattled PLP leader, former Prime Minister Perry Christie.”

The official opined at the time that Gibson’s resignation was certain to reopen debate about Christie’s record and the need for strategic changes following the PLP’s “shock election defeat” in May 2007.

“The unexpected resignation has bared to the public the infighting and backstabbing that had plagued the PLP during its time in office and has only intensified following the PLP’s loss,” the cable said.

“The turnabout in parliamentary fortunes eases pressure on the FNM government as it struggles to deal with daunting challenges of crime and stagnating tourism numbers.”

The U.S. Embassy official also wrote that Gibson’s surprise resignation not only upset the PLP’s post-election strategy, but further undermined the already “weak position of PLP leader Perry Christie who, like the rest of the party, was reportedly blindsided by the news.”

The official noted in that 2008 cable that Gibson’s resignation came only days after the PLP’s spokesman on foreign affairs, Fred Mitchell, sought to downplay in a media statement the liklihood of any leadership challenges at the next PLP convention.

“On the contrary, Gibson’s strategically timed announcement on the eve of the anniversary of the PLP’s achievement of Majority Rule in 1967 added insult to injury by upstaging the party’s commemoration,” the official said.

“It has also intensified questions about Christie’s viability as opposition leader.”

But at the party’s convention in 2009, Christie crushed his opponents, winning more than 80 percent of the votes cast for party leader.

RELIEF FOR EMBATTLED FNM

The 2008 cable characterized Kenyatta Gibson’s resignation as a relief for the “embattled Free National Movement”.

“Striking like a thunderbolt out of a clear blue sky, news of Gibson’s resignation came just in time to become the top story on evening news broadcasts and morning newspaper headlines, pushing all other current affairs aside,” the official wrote.

The cable added that the media splash handed the FNM a bit of unexpected relief after months of pressure from negative crime stories and unfavorable tourism numbers, coupled with stinging opposition attacks over both.

“The FNM’s presumed courtship of another MP whose allegiance to the PLP may be shaky, Malcom Adderley, may also return to center stage,” the official wrote.

“Speculation about Adderley’s loyalties returned to the forefront recently after Prime Minister Ingraham reappointed him to a two-year position as chairman of the Gaming Board, the sole PLP member to hold on to such a position after the May 2007 elections.

“While the urgency of such an effort might wane, the prospects for another defection cannot be ruled out.”

Adderley resigned from the PLP and Parliament in early 2010, triggering the Elizabeth by-election, which was won by the PLP’s Ryan Pinder.

In a recent interview with The Nassau Guardian, Christie said some of what the American diplomats attributed to him was inaccurate, and their characterization of him as weak and indecisive was also wrong.

Christie said the leak of the cables is a lesson to public officials that they need to be more disciplined in how they deal with foreign diplomats.

Christie added that he had no concerns that the cables would negatively affect him politically.

Jun 17, 2011

thenassauguardian

Caribbean Blog International

Privy Council could hear review of [Elizabeth by-election] Election Court decision

Privy Council could hear review of Election Court decision
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:


The review of the Election Court decision handed down last month, validating all of the protest votes in the Elizabeth by-election, could go to the Privy Council, Attorney General John Delaney told The Nassau Guardian recently.

The Office of the Attorney General is currently conducting a review of the decision, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder on March 23.

"We're having a look to see what avenues might exist with respect to any possibility of having a judicial review with respect to the point of law to the ruling," Delaney said last week.

"Of course there is the position on the statute that on the election court there is no appeal from it. So it's analysis that is presently being done. We'll have to take a look to see whether it is possible to have a review sometime by the Privy Council.

Hours after the decision of the Election Court, Prime Minister Hubert Ingraham said the Office of the Attorney General will review the ruling.

The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.

But Ingraham indicated that the Free National Movement has concerns about the reasoning behind the decision.

"We were surprised by the reasoning for the decision of the Election Court," Ingraham said. "It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.

"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."

Delaney told The Guardian that the review could result in recommendations for changes to be made to the law.

"If there is to be a review, the venues might be a review of a point of law or sometime akin to a judicial review type thing," he said. "But it's really premature for me to speculate on that at this time because, as I said, we're just taking a look to see about possibilities in that connection."

In the Speech from the Throne read on Wednesday by newly-appointed Governor General Sir Arthur Foulkes, the government pledged to bring legislation to amend the Parliamentary Elections Act.

An official from the Office of the Attorney General told The Guardian that the review would be done in short order.

The official, who did not want to be named, said the review would be conducted to determine what, if any amendments needs to be made to the Parliamentary Elections Act.

"The government asked that we conduct a review and in short order, whatever changes if at all would be communicated to Cabinet and Cabinet would seek to have those changes, if such are recommended to legislation, whatever legislation in the form of an amendment, would be brought to the House of Assembly."

He stressed that a judicial review is not the same as an appeal.

"An appeal might make certain findings, it might overturn certain things that may exist," said the official. "A judicial review or reference makes findings but there is nothing that can be done. So the review can determine that the decision made was not in accordance with the law but it can't overturn the decision or ruling made."


thenassauguardian

Bahamas Blog International

Bahamas: Third Party Leaders React To Election Court Decision

By Karissma Robinson:



Two third party leaders who ran in the Elizabeth by-election last month are reacting to Progressive Liberal Party (PLP) candidate, Ryan Pinder’s Election Court victory.
On Tuesday, Senior Supreme Court Justices Anita Allen and Jon Isaacs decided to allow five protest votes to be counted in Mr. Pinder’s favour.

The decision led to Mr. Pinder winning the February 16, by-election.

The Bahama Journal spoke with National Development Party (NDP) candidate, Dr. André Rollins and Worker’s Party candidate, Rodney Moncur, who weighed in on the ruling.

Dr. Rollins pointed out that from the beginning of the court battle his party maintained that no voter should be disenfranchised and all lawful votes should be counted.

However, he said that the controversy surrounding the by-election process is a direct reflection of the country’s electoral process.

As a result, Dr. Rollins said parliamentarians "must take electoral reform very seriously."

"This is something that must be done in this country. It is unfortunate that it took so long for parliamentarians to realise that something is wrong with the process," said Dr Rollins.

Dr. Rollins suggested that parliamentarians look at several issues that he believes directly impacts the integrity of The Bahamas’ electoral process, including, establishing a fixed date for all general elections; compiling a database linking the National Insurance number, driver’s license number, passport number, voter identification number and a newly created public utility services Number to verify voters’ identities and to keep better track of where they live and when they die.

He said they should also look at making it mandatory for any voter register used in an election to be completed no less than six months prior to the election for which it is used.

Dr. Rollins said he was happy that the Elizabeth constituents have finally gotten a representative.

"The people of Elizabeth should not have been without a representative for a long period of time. I am most pleased with the fact that the ruling has been executed with a great deal of urgency," said Dr. Rollins

Meantime, Mr. Moncur maintained that Ryan Pinder – now the duly elected Member of Parliament for the Elizabeth constituency – is not the right man for the job.

In fact, he insists Mr. Pinder is still not qualified to even hold the Elizabeth seat.

"I am currently reviewing the ruling and consulting with counsel to make sure that I properly understand what I have read. After I would have read the ruling, I will determine whether or not that American (Mr. Pinder) should be sitting in a Bahamian parliament," said Mr. Moncur.

"I have not seen any evidence that this man has renounced his U.S. citizenship. It is scandalous that an American be elected to run in any of The Bahamas’ elections."

Mr. Pinder will be sworn in as the newest Member of Parliament on April 14 at the opening of parliament.

March 25th, 2010

jonesbahamas

Bahamas Blog International

Election Court ruling on Elizabeth by-election

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



THE court ruled that the five protest votes cast in favour of PLP candidate Leo Ryan Pinder in the February 16 Elizabeth by-elections be allowed.

The court also validated a sixth protest vote which had been cast in favour of Bahamas Democratic Movement leader Cassius Stuart. Senior Justices Anita Allen and Jon Isaacs heard the election court case.

Voter 'A'

In relation to voter A the court noted that the voter had produced a voter's card to the presiding officer which showed she was registered in polling division 4 but her name was not on the register.

It was noted in the judgment that the voter's address was described on that voter's card as South Pine Barren Rood, West Barn Close. That address is in the Elizabeth constituency. "The counterfoil however is not the counterpart of that voter's card and it is alleged that it was the counterpart of the replaced card. The counterfoil describes her address as West Academy Street North Pine Barren Road, which is not in the Elizabeth constituency but in the Fox Hill constituency. The form B shows the same address. The voter had told the court that when she had collected her voter's card she realised that she had been placed in the wrong constituency and visited the Parliamentary Registration department to have it corrected," the judgment stated.

"It was never suggested to the voter that the voter's card was not genuine or was obtained by fraud or other improper means and the second respondent did not suggest that it was. The court accepts that there were no inconsistencies between the voter's evidence and that of her husband and Michael Bullard as to the date the new card was issued and other matters we felt were peripheral. The voter testified that she lives with her husband on South Pine Barren Road," the judgment stated.

The court accepted that there were inconsistencies between the evidence of the voter and her husband as to when they moved to Pine Barren Road but also found that there was not sufficient evidence to refute the fact that the voter lived at the address on her voter's card since at least 2006.

"In our view, this voter acted responsibly and did all she could reasonably do, to bring the error to the attention of the second respondent (Parliamentary Commissioner) but we find the second respondent failed to do what was required, to ensure this voter's name as included on the relevant register. It is no answer that the second respondent did not know of this matter until after the election. In the premises we are satisfied that voter A was entitled to be properly registered and was entitled to vote in Elizabeth. We allow the vote and order that the register be rectified to include the voter accordingly," the judgment stated.

Voter 'B'

In relation to voter B it was noted that the voter had produced a voter's card and was included on the register for polling division 5. The voter's name and address were consistent on the voter's card the counterfoil and on the form of oath (form B) but the voter's date of birth although consistent on the voter's card and on forms B and D as June 15, 1963, was shown as January 15, 1963 on the register.

"The second respondent admits that he was in error and acknowledges his responsibility for it. The third respondent contends that there is no evidence as to which of the entrees is correct and his vote ought not to be allowed. However in light of the send respondent's admission and given that the counterfoil and the oath subscribed by this voter are consistent as to his date of birth we are satisfied that the correct entry is June 15, 1963. We allow the voter and order that the register be rectified to reflect the correct date of birth accordingly," the judges stated in the ruling.

Voter 'C'

It was noted in the judgment that, similarly, voter C's name was on the Elizabeth register, which showed that her date of birth as January 3, 1970. The date of birth on her voter's card however is January 3, 1970. That date is also on the voter's passport which was used as a source of identification when registering. "The second respondent admits the error both on the counterfoil and register and concedes this vote as does the third respondent. "In the premises we allow the voter and order that the register be rectified to reflect the correct date of birth," the judgment sated.

Voter 'D'

It was noted in the judgment that voter D's name was not on the Elizabeth register. "When presenting to vote the voter produced a voter's card, the counterfoil of which shows that Elizabeth was crossed out in red ink and Yamacraw inserted. The address of 152 West Commonwealth Boulevard South Malaysia Way was crossed out by in crossing out the S and inserting an N which consequently put the address out of Elizabeth. The same alterations are on the form B," the judgment stated. The court noted that the Parliamentary Commissioner had admitted that he had authorised the alteration.

"The second respondent also accepted that the voter was first put on the register on January 12, 2010. He testified that the register was deemed closed at 11pm on the day before the Writ of Election, which was January 20, 2010. Under section 25 of the Act, no name or entry can thereafter be removed from any of the appropriate parts of the register until after polling day," it was stated in the judgment.

The judgment further stated, "The second respondent admitted his obligation to correct the register and to his credit acknowledged that he cannot change the register unless he verifies the information or contacts the voter and if he is unable to do so the information must remain on the register. When the second respondent purported to remove this voter's name off the register on January 30, 2010, then, he could not lawfully do so. He is not competent to summarily remove persons off the register whether or no he had reasonable cause to believe the information on the register is wrong and they should not be on the register."

Voter 'E'

In relation to voter E, the court noted that that voter was on the register and according to the voter's evidence and that of the presiding officer, this voter was made to vote on a coloured ballot only because she was challenged by an agent for the third respondent (Dr Sands). "The respondents have conceded that this vote should be allowed and we agree," the judgment stated.

Voter 'F'

The judges stated that they found the vote of voter F to be the most difficult to determine. "This voter did not produce a voter's card and was not on the register for Elizabeth. She used a driver's license as her means of identification and the presiding officer must have been satisfied of its sufficiency but not of her right to vote," the ruling stated. The court noted that it was the evidence of this voter that she moved from an address in Yamacraw on May 27, 2006 to Kemp's Street off South Pine Yard Road. The court also noted that the voter had produced a lease showing that she was a tenant of the premises with effect from that date.

"It is not disputed that the whole of Pine Yard Road and all houses on the north and south sides of that road are within Elizabeth. The voter swore that she was entitled to be registered and to vote in Elizabeth and it is not suggested to her on cross-examination that she did not live there and was not eligible to vote in Elizabeth. We believe that it is incorrect to say that the validity of a persons vote depends on whether or not that person made an efforts to transfer to the relevant consistency. Indeed, the second respondent acknowledged that he had an obligation to continuously review the register and to make provisions for persons who need to transfer to do so. He acknowledged that the voter has no obligation to do so and we agree," the court stated.

The court further stated, "It is not in this court's power under section 69(4) of the Act to determine whether the presiding officer was correct in permitting her to vote. Our jurisdiction is to determine the validity of the vote not the validity of the presiding officer's decision. On the evidence and in the absence of any evidence to refute it, we are satisfied that this voter lived in Elizabeth since May 27, 2006 and was so entitled and we allow this vote."

"Again this process has exposed failures, omissions and errors on the part of the Parliamentary Commissioner an his staff which may, if not corrected, threaten the fairness of the electoral process and ultimately our democracy. It is not an answer to say that the Parliamentary commissioner did not have resources to do what he is mandated to do by the law to do. No court can accept that as an explanation from disenfranchising a voter. We say emphatically that the Parliamentary Commission must be provided with sufficient resources, both financial and human to ensure he is able to properly discharge the duties imposed on him by law," the judgment stated.

March 24, 2010

tribune242

Bahamas Blog International

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

Bahamas Blog International

Parliamentary Commissioner Errol Bethel: I did not break the law

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:


Parliamentary Commissioner Errol Bethel yesterday denied that he broke the law in the execution of his duties in the lead-up to the Elizabeth by-election last month.

Bethel sat down with The Nassau Guardian at his Farrington Road office a day after the justices of the Election Court said in a ruling that he violated the law when he removed a voter's name off the register after it had already been closed.

"I gave it everything I had, to be honest with you," he said of the recent Elizabeth registration process. "I always give my work everything I have. I always plunge fully into whatever it is I have to do, always. People who know me would tell you that... I always endeavor to do my best."

In their ruling, which propelled the Progressive Liberal Party's Ryan Pinder to victory, Senior Justices Anita Allen and Jon Isaacs said the Election Court case has once again exposed failures in the Parliamentary Registration Department.

"Again this process has exposed failures, omissions and errors on the part of the parliamentary commissioner and his staff which may, if not corrected, threaten the fairness of the electoral process and ultimately our democracy. It is not an answer to say that the parliamentary commissioner did not have the resources to do what he is mandated by the law to do. No court can accept that as an explanation for disenfranchising a voter," they said.

Bethel's staff includes fewer than 20 people. During election periods, other civil servants are seconded from other departments to assist.

Bethel admitted that his department is challenged in preparing for elections, but he said he has a hardworking staff that is quite capable.

"We made ourselves available to the people in Elizabeth when that election was called," he said. "The vacancy came on January 6. On January 7 we were in the constituency and we stayed there for the entire period until the register was closed. We registered new people; we did transfers, that sort of thing. So we did quite a bit of work, and also we walked the streets trying to determine where people are. So it isn't that we sat down; we actually worked to do our best to make sure we had everything in order."

He admitted that the process was difficult.

"You don't know an election is coming up until after it is called, but immediately after it was called we set out to work to make sure that we had things in order," said Bethel, who oversaw the last three general elections in the country, as well as local government elections and by-elections.

Bethel said if he did in fact make mistakes, he will work to ensure those mistakes will not be repeated. He admitted that some things may need to be done differently.

"I think we've got to go beyond what we did to make sure we have total accuracy in terms of where people live," he said.

Pointing to the various challenges faced by his department, Bethel said, "In terms of citizenship, day after day this is becoming an extremely difficult situation to deal with. In the Passport Office for instance, one of the things that happens is that you wait two, three weeks for a passport. When people come to us they expect to get registered in two or three minutes.

"So, we have got to be extremely careful in terms of getting information and people don't understand how difficult that is. There are so many Bahamians who don't have passports, who don't even have birth certificates, so it becomes extremely difficult but we have been working through this and I think we've done a pretty good job."

Asked to respond to people who believe his resignation may be in order, Bethel, who has a constitutionally protected position, said, "I will go. I will go. I'm sure the time will come when I will go. I'm not sure when that is. It may be today, it may be tomorrow, I don't know. If people are going to be fair, I think people also need to give credit for the work I have done over the years and what I continue to do in terms of giving service to this country. I don't think I've cheated the country in any way."

The Election Court justices were also critical of the parliamentary commissioner in the 2008 Pinewood ruling, saying the case had exposed the most egregious failures in the system.

Bethel admitted yesterday that the timing of the 2007 Boundaries Commission report created substantial challenges for him and his staff.

"In preparation of a new register you tend to start at a period of time when you want to make sure that by the time the old register expires you'll have a new register to replace it," he said.

"And so we started the 2007 register in September 2005. We started early because we wanted to make sure that we were able to register anybody who wanted to register. The thing to bear in mind is that in preparation of a new register you do not issue the [voter's] cards.

"The cards are not issued until the new register actually comes into force and the new register did not come into force until the House was dissolved in 2007. The House was dissolved on April 4, 2007. Now, you know that there was a Boundaries Commission (report). That Boundaries Commission report came into effect on March 26, 2007. On April 3 the register was closed for the new election because the House was dissolved on the 4th. After the Boundaries Commission report came into force, what we had to do is, first and foremost, we had to create a new register because we had to create a register that reflects these new constituencies and new polling divisions. So we had to go through the whole registration system in our computer and build this new register."

He said his staff worked day and night in the one week they had to get the job done.

"When people got their cards — remember we started registration in 2005 — a lot of people found the moment they received their cards that they were not in the right place," he said.

"But there is nothing we could do about it because the system does not allow us to move people after the register is closed, but that is what we had to work with. And I think the public needs to understand, you're talking about almost an impossible situation, and at the same time while we were trying to get these cards corrected and get them out we had to be planning an election in terms of putting a staff together, in terms of finding polling places, making sure all the election materials are in place and also making sure that we have ballots for the election. So it is not just one task you have to do. There are a number of different tasks that you have to do all at the same time."

Prime Minister Hubert Ingraham said at a press conference Tuesday evening he saw no reason for Bethel to leave his post. Ingraham also pledged that the government will effect reforms in the registration process and indicated that it may also amend the law in this regard.


March 25, 2010

thenassauguardian

Bahamas Blog International

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

Bahamas Blog International

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

Bahamas Blog International

FNM Lead attorney Thomas Evans QC: three protest votes must automatically be thrown out

tribune242:


LEAD attorney for FNM candidate Dr Duane Sands, Thomas Evans QC, yesterday argued in election court that of six protest votes cast in the Elizabeth by-election three must be automatically thrown out as the individual's names did not appear on the Elizabeth register on the day of the election.

"The evidence shows that three voters were not registered in Elizabeth. Two were in the adjacent Yamacraw and one was in Fox Hill. These voters plainly are not entitled to vote in the Elizabeth constituency and no question of retifcation of register with any of them," Mr Evans told the election court.

He further argued that in addition to these three votes - that of Voter A, D and F - the vote of Voter B should not be counted as his date of birth on his driver's licence which he sought to use to vote differed to that on the register and he never appeared before the court to explain why.

This left two protest votes, that of Voters C and E, which Mr Evans agreed should be counted. Philip Davis, lead attorney for PLP candidate, Ryan Pinder, had proposed on Wednesday that all five protest votes cast for his party's candidate should be upheld as valid.

But Mr Evans contended that the court can only consider counting the votes of those voters for whom clerical errors or omissions caused them to have to cast their ballot on a coloured or protest ballot, not those who did not appear on the register at all as the register should be consider "conclusive" on the day of the election.

He further stated that for the court to "stray" into the question of whether certain voters were resident in the constituency or not would cause the court to "overstep" its mandate in this particular matter.

The attorney made these comments as he gave his final submissions to the court on behalf of his client, FNM candidate Dr Duane Sands. Some had expected that once Mr Evans concluded his submissions today that judges would leave the court to deliberate and come to a conclusion on the matter as early as today. But yesterday when Mr Evans took his seat having made his final submissions relative to the votes, lead attorney for PLP candidate Ryan Pinder, Philip Davis stood to counter some of the points he had made and this is expected to continue tomorrow when the court resumes at 10.30am.

At present it is not entirely clear when a conclusion to the case will come, and it is possible that the matter may drag on until next week.

In the February 16 by-election in Elizabeth, Dr Duane Sands won 1,501 ordinary votes and Mr Pinder got 1,499. Mr Pinder made an application to the court to determine the validity of five "protest" votes cast for him, to see whether they could be added to the official vote count and therefore change the outcome of the election, making him the representative for the constituency.

Mr Evans spoke at some length about Voter A, whose vote he ultimately said should be discounted.

That voter claimed she registered at a foodstore then gave evidence to the court that she found that she had been "put in the wrong constituency" (Fox Hill not Elizabeth). She said she and some friends and family members net with Parliamentary Commissioner Errol Bethel to have the situation rectified.

However, Mr Evans drew that claim into question, and told the court he was "sorely tempted to ask you to dismiss" the evidence that she met with Mr Bethel and sought to have the discrepancy changed.

The attorney said this was because Errol Bethel was not questioned on this alleged meeting while he gave his evidence and because there were varying and significant differences between the evidence of voter A and other supporting witnesses connected to her, as well as between her own evidence at different times.

He noted that Mr Bethel said that he had no record of Voter A having attended his office to change her voter's card. There was no documentary evidence and her oath was unamended, said Mr Evans.

"Normally if a change was made it would be reflected in all of the documents relevant to that voter," said Mr Evans.

"The flood or accumulation of contradictions in the evidence is irrefutable proof of their lack of credibility," he said of voter A and associated witnesses.

"This court is invited to find that Voter A never made any such application or attendance at the Parliamentary Registrar's office,that Voter A voluntarily placed herself in the Fox Hill constituency by giving herself the address North Pine Barren Road and that her vote should not be allowed," proposed Mr Evans.

He added the inconsistencies raise the possibility of her voter's card being fraudulent. "I'm not saying anyone is guilty of fraud, but it is a possibility."

"We would say that from all the evidence available that the voter's card may very well not be genuine."

"If it is believed, you may direct further investigations along those lines."

In relation to Voter B, who was made to cast a protest vote after he could not produce a voter's card but only a driver's license which had a birth date upon it which differed from the date of birth on the register, Mr Evans said that because the voter has not appeared before the court or provided any evidence or explanation for the differences his vote should not be allowed.

"We have no evidence to show that the holder of the license is the same person on the register," said Mr Evans.

In relation to voter C, Mr Evans said that there was an inconsistency between the date of birth on her driver's license and on the counter foil and register. However, in this case Mr Evans said his client does not "suggest it can't be counted."

In relation to Voter D, Mr Evans said she does not live in the Elizabeth constituency and is registered in Yamacraw. "It follows that her vote can't be counted," he said. Voter D was removed from the register by the parliamentary commissioner.

Voter E, Mr Evans said she was on the Elizabeth register and had a voter's card and therefore she was "no doubt entitled" to vote. He said that the question of whether she was in fact an Elizabeth resident was a separate question, but could not be determined as part of this court matter.

With regard to Voter F, he said her vote should not be counted as she did not have a voter's card or appear on the Elizabeth register.

Mr Davis, beginning to respond to Mr Evan's submissions, said that if the court accepts the assertions made by Mr Evans it would "have startling results."

The attorney charged that the inconsistencies in the testimony of Voter A and other associated witnesses in fact make their evidence more believable.

If all of the witnesses had given the same story, one would suspect they had been "coached," he said.

"One has to look at the inconsistencies in regard to the passage of time," Mr Davis said.

"If a husband doesn't remember the date of his marriage, does that mean he didn't get married?" he asked.

March 19, 2010

tribune242

Bahamas Blog International

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

Bahamas Blog International

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

Bahamas Blog International

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

Bahamas Blog International

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

Bahamas Blog International

Letter says Ryan Pinder renounced US citizenship before he nominated for the Elizabeth constituency by-election

By BRENT DEAN ~ Guardian Senior Reporter ~ brentldean@nasguard.com:



Progressive Liberal Party Elizabeth candidate Ryan Pinder renounced his United States citizenship on January 20 — more than a week before he nominated for the constituency by-election — according to a letter from the U.S. Embassy in Nassau obtained by The Nassau Guardian.

The letter, which was not provided by the embassy, said Pinder acquired his U.S. citizenship under the U.S. Immigration and Nationality Act by virtue of birth to a citizen parent on September 13, 1974 in Nassau.

The letter reveals that Pinder renounced his U.S. citizenship at the U.S. Embassy in Nassau.

"The government of the United States no longer considers Mr. Pinder to be a U.S. citizen," the letter reveals. "His U.S. passport is no longer valid and has been forwarded to the issuing agency within the U.S. government."

At a news conference on Sunday at the Free National Movement Headquarters, Prime Minister Hubert Ingraham indicated that the governing party would challenge Pinder's eligibility to run in the Elizabeth by-election on the citizenship issue.

"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."

The Bahamian constitution sets out eligibility to sit as a member of the House of Assembly.

It states that no person shall be qualified to be elected as a member of the House who is a citizen of a country other than The Bahamas, having become such a citizen voluntarily.

The constitution also states that a candidate would be unable to sit in the House if the individual, by virtue of his own act, is under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.

The PLP had argued that since Pinder obtained the U.S. citizenship as a result of his mother's American citizenship, it was not a voluntary act, making Pinder eligible to run as a candidate with dual citizenship.

In spite of this position, Pinder renounced the status before the January 29 nomination day.

Pinder had previously revealed that he renounced his U.S. citizenship. However, he had not provided any details about the move.

Pinder received 1,499 regular votes to the 1,501 regular votes FNM candidate Dr. Duane Sands received in the by-election. Five protest votes were cast in favor of Pinder. If at least three are allowed, he would be the next Elizabeth MP.

If two are allowed a tie would result.

Pinder has petitioned the Election Court to consider the protest votes cast.

The Parliamentary Elections Act states that if a tie results after all votes are considered — including protest votes — the returning officer shall declare a void election between those candidates.

A new election would then be ordered 14 days after such a declaration.


February 25, 2010


thenassauguardian

Bahamas Blog International

Elizabeth by-election: Progressive Liberal Party (PLP) Leader Perry Christie claims 30 supporters of the Free National Movement (FNM) voted illegally

By Brent Dean ~ Guardian Senior Reporter ~ brentldean@nasguard.com:


Progressive Liberal Party Leader Perry Christie said yesterday he is aware of about 30 supporters of the Free National Movement who voted illegally in the Elizabeth by-election. Christie also warned the prime minister about making comments he claimed were intimidating to the five people who voted on protest ballots in favor of the PLP's candidate Ryan Pinder last Tuesday.

"When the prime minister (Hubert Ingraham) speaks about having a list of people who voted illegally, listen, my list is probably 30 right now, without my having made an effort, of FNMs who voted illegally in there," said Christie at a news conference yesterday at PLP headquarters.

Christie acknowledged that it is necessary for the leaders of both major parties to come together to work on improving the rules that govern elections in The Bahamas.

The Elizabeth by-election was the first major test for the Parliamentary Registration Department since the justices of the Election Court said in a ruling that the Pinewood case had exposed "the most egregious failures in the parliamentary system."

That ruling was handed down nearly two years ago by Senior Justice Anita Allen and now Senior Justice Jon Isaacs.

At the time of the controversial Pinewood matter, the judges said, "The parliamentary commissioner failed, for whatever reason, to ensure the integrity of the registration process in Pinewood."

In their 2008 ruling, Allen and Isaacs said it was startling that Senator Allyson Maynard-Gibson (the petitioner) and Pinewood MP Byran Woodside were forced to concede that 85 of 183 votes challenged were unlawful votes.

"Perhaps the time is appropriate for the parliamentary commissioner to comprehensively examine the practices and procedures of the Parliamentary Registration Department with a view to ensuring that what we saw in Pinewood does not re-occur because it threatens to undermine the fundamental basis of our parliamentary democracy," the ruling said.

Despite the ruling, there have been no amendments to the Parliamentary Elections Act, and no major reforms of the election process in the country.

Consequently, both parties have alleged serious improprieties concerning the Elizabeth by-election.

Pinder received 1,499 regular votes to the 1,501 votes FNM candidate Dr. Duane Sands received. However, Pinder would have a total of 1,504 votes, as compared to Sands' 1,501 votes, if the five protest votes for Pinder are allowed.

At a news conference at FNM Headquarters on Sunday, the prime minister said those protest votes would be seriously scrutinized in the Election Court.

"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. 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."

Christie perceived those comments as a form of voter intimidation by the prime minister.

"The prime minister should not seek to intimidate these people and suggest that because they spoke up for their rights that somehow they are breaking the law. We are concerned about this because it is a continuation of a pattern of intimidation by the Free National Movement and the prime minister," he said.

"I warned about his intimidation during the campaign. I am seriously concerned about the identification of the FNM with a thug culture that appears to dominate what they do in politics. There is no respect for the most basic and elemental aspects of the law and fair play."

While Ingraham said he has hard evidence that four out of the five protest voters were not eligible to vote in the by-election, Christie was confident that the PLP would receive enough protest votes for Pinder to become the Elizabeth MP.

Pinder needs at least three protest votes declared valid to win the seat. If he secures two, a tie would result and a reelection would take place.

"...Going to the Election Court in the circumstances that have now arisen is all about making sure that the way the people of Elizabeth did in fact vote on February 16th is reflected in the final declared result," Christie said.

The PLP leader said that in most instances, the protested voters lived in the constituency for long periods.

"They also say they had been duly registered to vote in Elizabeth," he said. "In fact, they had proper voter's cards."

Their names had been left off the Register of Voters, claimed Christie.

February 23, 2010

thenassauguardian

Bahamas Blog International

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

Bahamas Blog International

Ryan Pinder faces challenge on citizenship issue

By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:


As far as Ryan Pinder sees it, the matter of his U.S. citizenship — which he announced he has renounced — is a non-issue.

But when the Elizabeth Election Court challenge commences, the Free National Movement plans to raise the question of whether he was in fact qualified in the first place to run as a candidate in the recent poll.

Prime Minister Hubert Ingraham, who leads the FNM, confirmed this intention at a press conference at the party's headquarters yesterday.

"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."

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. At the end of the recount early Friday, Sands was ahead by two votes and during yesterday's press conference was repeatedly referred to as the member of Parliament-elect for Elizabeth.

No winner has been certified, however, as the protest votes could still impact the outcome of the race, should the court rule them to be valid.

The prime minister said yesterday it is very important for the process for the court to know upfront that each person who is before it is qualified to be there.

"There's nothing wrong with him (Pinder) or anybody else being a citizen and running for office," Ingraham explained. "Just being a citizen is not an offense by itself because any of our children could be born in America and grow up in The Bahamas, and live here and never take advantage of their American citizenship. That would not disqualify them from running for office."

But the prime minister said someone who takes advantage of his American citizenship — 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.

"But if you didn't do that before you nominated then your nomination is a nullity, null and void, of no use. And that certainly will be a preliminary point that the FNM side will put forward to Mr. Ryan Pinder."

During the campaign for Elizabeth, Pinder repeatedly faced questions about his dual citizenship. One week before the election, he announced that he renounced his U.S. citizenship, but insisted it had nothing to do with politics.

At a Free National Movement rally the night before the election, the issue was again raised, this time by Mount Moriah MP and National Security Minister Tommy Turnquest, who pointed out to the nation that Pinder never voted in an election in The Bahamas.

"In fact, Leo Ryan Pinder only registered in The Bahamas for the very first time in his life in October 2008," Turnquest said.

"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?"

Pinder told The Nassau Guardian last week Monday 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."

Februray 22, 2010

thenassauguardian

Bahamas Blog International

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

Bahamas Blog International

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

Bahamas Blog International