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
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Elizabeth by-election. Show all posts
Showing posts with label Elizabeth by-election. Show all posts
Monday, April 19, 2010
Monday, March 29, 2010
Perry Christie Christie - Opposition Leader won't stay on for another full term as prime minister
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Opposition Leader Perry Christie has confirmed that while he plans to lead his party into the next general election and fully expects to become prime minister again, it is his intention to step aside before the end of another five-year term.
Asked specifically about this, Christie told The Nassau Guardian, "Prime ministers should not say that, people who want to be prime ministers should not put a lame duck provision in their leadership, but I think when one looks mathematically at politics and you look at the ages of people, you look at the work they are doing to bring people into the party, you'd be able to read the tea leaves and to know that my work is to strengthen the Progressive Liberal Party."
If the next general election is called in early 2012, Christie would be 68 years old. While he confirmed that he does not intend to serve another five-year term, he did not specify when he intends to retire.
Christie said he is working aggressively to prepare the party for new, younger leadership.
He explained that this is why he is involved in attracting new faces to the PLP.
Christie said he believes he is the best person to lead the party into the elections, and he noted that this was certified during the party's November convention when he was reelected by an overwhelming majority of delegates.
The PLP leader also said the recent Elizabeth by-election defeat was a clear indication to him that more Bahamians are turning away from the Free National Movement and to the Progressive Liberal Party.
"Given what we had to face in the Elizabeth election, an experienced prime minister who decided to use the entire central government, all his arsenal in that by-election in terms of infrastructure improvements that would have pleased people to no end, the clearance of properties that would have pleased people to no end... notwithstanding that we were able to hold back the tide and win," he said.
"I think that demonstrates very clearly that there is a swing in this country, most certainly up to this point. That's what it demonstrates. I think the people wanted to make a statement and they did and they're not satisfied (with the current administration). This has happened in The Bahamas now and people are used to that."
Christie added, "I was sailing along at the end of 2006 with the economy booming, no one could have persuaded me to believe that I could possibly lose the 2007 election, but you know we have to come to terms with one reality, and that is the people choose and I think that the people of Elizabeth spoke well.
"And I don't pay any attention to a claim that we reduced the majority from 40-plus votes. To me, this is a magnificent victory for Ryan Pinder and the Progressive Liberal Party. It is good for the democracy of The Bahamas that we were able to hold that seat because it rejected the arrogance that happens with governments."
The PLP has already started naming candidates for the next general election. The naming of the first four candidates has come more than two years before the election must be called.
In 2007, PLP candidates were formally announced a few weeks before the general election.
Asked whether he regrets that late announcement, Christie told The Guardian, "There's no question about that. Looking back, hindsight is a wonderful thing, but you have to learn from mistakes.
"And I regret all sort of things, not just the time it took us to get going with the campaign, but also that there were some mistakes that I personally made in terms of accepting situations from colleagues and situations from members of Parliament that I ought to perhaps have been much more decisive in dealing with.
"Now, I've owned up to that, and I wanted to own up to that, because it is a series of mistakes that were made. And it is important that I promise people that I will not make them again."
While Christie has confirmed his intention not to stay on for another full five-year term should the PLP win the next general election, Prime Minister Hubert Ingraham has not yet announced whether he plans to lead his party into the election.
He has said, however, that he plans to make his intention known at the end of 2010.
March 29, 2010
thenassauguardian
Opposition Leader Perry Christie has confirmed that while he plans to lead his party into the next general election and fully expects to become prime minister again, it is his intention to step aside before the end of another five-year term.
Asked specifically about this, Christie told The Nassau Guardian, "Prime ministers should not say that, people who want to be prime ministers should not put a lame duck provision in their leadership, but I think when one looks mathematically at politics and you look at the ages of people, you look at the work they are doing to bring people into the party, you'd be able to read the tea leaves and to know that my work is to strengthen the Progressive Liberal Party."
If the next general election is called in early 2012, Christie would be 68 years old. While he confirmed that he does not intend to serve another five-year term, he did not specify when he intends to retire.
Christie said he is working aggressively to prepare the party for new, younger leadership.
He explained that this is why he is involved in attracting new faces to the PLP.
Christie said he believes he is the best person to lead the party into the elections, and he noted that this was certified during the party's November convention when he was reelected by an overwhelming majority of delegates.
The PLP leader also said the recent Elizabeth by-election defeat was a clear indication to him that more Bahamians are turning away from the Free National Movement and to the Progressive Liberal Party.
"Given what we had to face in the Elizabeth election, an experienced prime minister who decided to use the entire central government, all his arsenal in that by-election in terms of infrastructure improvements that would have pleased people to no end, the clearance of properties that would have pleased people to no end... notwithstanding that we were able to hold back the tide and win," he said.
"I think that demonstrates very clearly that there is a swing in this country, most certainly up to this point. That's what it demonstrates. I think the people wanted to make a statement and they did and they're not satisfied (with the current administration). This has happened in The Bahamas now and people are used to that."
Christie added, "I was sailing along at the end of 2006 with the economy booming, no one could have persuaded me to believe that I could possibly lose the 2007 election, but you know we have to come to terms with one reality, and that is the people choose and I think that the people of Elizabeth spoke well.
"And I don't pay any attention to a claim that we reduced the majority from 40-plus votes. To me, this is a magnificent victory for Ryan Pinder and the Progressive Liberal Party. It is good for the democracy of The Bahamas that we were able to hold that seat because it rejected the arrogance that happens with governments."
The PLP has already started naming candidates for the next general election. The naming of the first four candidates has come more than two years before the election must be called.
In 2007, PLP candidates were formally announced a few weeks before the general election.
Asked whether he regrets that late announcement, Christie told The Guardian, "There's no question about that. Looking back, hindsight is a wonderful thing, but you have to learn from mistakes.
"And I regret all sort of things, not just the time it took us to get going with the campaign, but also that there were some mistakes that I personally made in terms of accepting situations from colleagues and situations from members of Parliament that I ought to perhaps have been much more decisive in dealing with.
"Now, I've owned up to that, and I wanted to own up to that, because it is a series of mistakes that were made. And it is important that I promise people that I will not make them again."
While Christie has confirmed his intention not to stay on for another full five-year term should the PLP win the next general election, Prime Minister Hubert Ingraham has not yet announced whether he plans to lead his party into the election.
He has said, however, that he plans to make his intention known at the end of 2010.
March 29, 2010
thenassauguardian
Sunday, March 28, 2010
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
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
Thursday, March 25, 2010
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
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
Wednesday, March 24, 2010
The Office of the Attorney General to review by-election ruling
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the FNM has concerns about the reasoning behind the decision.
Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.
The majority of his comments were made in his capacity as leader of the FNM.
"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.
"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.
"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."
The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.
The FNM had hoped that Dr. Duane Sands would fill the seat.
"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."
He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."
Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.
Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."
Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.
"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."
Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.
"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."
March 24, 2010
thenassauguardian
Prime Minister and Free National Movement Leader Hubert Ingraham said yesterday evening the Office of the Attorney General will review the decision of the Election Court, which was handed down in favor of the Progressive Liberal Party and its Elizabeth candidate Ryan Pinder.
The justices validated all of the five protest votes cast in Pinder's favor in the February 16 by-election, resulting in him winning by three votes.
But Ingraham indicated that the FNM has concerns about the reasoning behind the decision.
Making it clear that he was speaking in his capacity as prime minister, Ingraham said, "We were surprised by the reasoning for the decision of the Election Court. It is outside anything we have known up to now as to the meaning of our law. We will therefore have the Office of the Attorney General undertake a review of the decision so that determinations can be made as to the extent to which any consideration ought to be given to either amending the law or calling upon a higher court to determine the validity of the reasoning issued by the court.
"It is our purpose and intent to ensure that orderly, fair and predictable elections are held in The Bahamas."
Ingraham called a press conference at FNM headquarters. It was held shortly after he returned from Inter-American Development Bank meetings in Cancun, Mexico.
The majority of his comments were made in his capacity as leader of the FNM.
"The Free National Movement accepts the court's decision in regard to the final count in the Elizabeth by-election. As I have previously stated, elections should be won on the ground, not in the court," he said as a packed room of FNM supporters looked on.
"Accordingly, the FNM does not propose to do what the PLP did after the last general election and tie up the courts with all manner of electoral challenges. While we may not see eye to eye with the court's reasoning in this case we honor its authority and its final determination.
"We honor also the will of the majority of the voters in the Elizabeth constituency and we will continue to honor the will of the majority of Bahamian people who reposed their trust in the FNM in the 2007 general election. In our democracy, every vote counts. Today, after all of the eligible votes have been counted, the PLP retained a seat they won in the last election with a majority of 45 votes. We are grateful to the people of the Elizabeth constituency for their support of Dr. Duane Sands and the FNM. We are pleased by the fact that we reduced the PLP's margin in Elizabeth during these especially difficult economic times. We are also pleased that we reduced the PLP's margin in Elizabeth by a sizable amount, 42 votes."
The by-election became necessary after Malcolm Adderley — who won the seat in 2002 and 2007 on the PLP's ticket — resigned at the beginning of this year from the PLP and the House of Assembly.
The FNM had hoped that Dr. Duane Sands would fill the seat.
"Duane Sands has a bright future in the political and public life of The Bahamas," Ingraham said yesterday. Asked whether he was planning on appointing Sands to the Senate, the prime minister said, "No. I'm going to have him elected to the House."
He also said, "The country and the FNM need his energy, his dedication and his passion for the empowerment of the people of Elizabeth and the wider Bahamas. Now, the by-election is over and the court case is done. The business of government continues. One of the first orders of business in terms of Elizabeth is to ensure that the promises we made as the government of the day to the people of that constituency are honored. We are a government and party that matches our words with our deeds."
Once again, the Election Court justices raised concerns about the parliamentary election process and spoke to the need for the Parliamentary Registration Department to have the necessary resources to do its job.
Ingraham said, "Because fair and well run elections are essential to the democratic process, we are working to reform and upgrade the registration process that was left in a chaotic and confused state because of PLP inaction and incompetence. That work has already begun. The Parliamentary Registration Department will begin a new voters register in April. In the remaining time of our mandate we will work to ensure that economic recovery is followed by economic prosperity. We will continue to vigorously confront crime and its root causes. We will continue to put in place the building blocks for a sustainable national health insurance plan..."
Asked whether it is his view that Parliamentary Commissioner Errol Bethel should resign in light of the strong criticisms of the Election Court, the prime minister pointed out that the parliamentary commissioner has constitutional protection, just like judges.
"They are both constitutionally protected from removal from office except for cause," he noted. "And the same provisions that apply to judges apply to the parliamentary commissioner in terms of the removal from office. There is no basis upon which I can conceive of that will require the removal of the parliamentary commissioner from office. I do not blame the parliamentary commissioner for anything. He did his job."
Providing a further response to the determination of the Election Court, Ingraham said, "It has never entered my head that in The Bahamas it is possible for someone who is not registered to vote, who has no voter's card, whose name is not on a voter's list to be able to show up on election day and vote. I never knew that was possible in The Bahamas.
"I never knew it was possible in The Bahamas for me to be registered in one constituency, move to another constituency, do not transfer my voter's card, show up with a voter's card that says I'm in the other constituency, show up with a driver's license actually, and have my vote cast and my vote counted. I never knew that was possible in The Bahamas."
March 24, 2010
thenassauguardian
Tuesday, March 23, 2010
PLP's Ryan Pinder wins Elizabeth following court ruling
tribune242:
1:16pm – The court has just ruled that 3/4 of the costs will be paid by the Parliamentary Commissioner and the remaining 1/4 by the 3rd respondent, the FNM's Dr Duane Sands.
1:14pm – Lead counsel for the FNM's Dr Duane Sands, Thomas Evans, QC, just spoke with The Tribune and said that once he's had a chance to read the ruling completely he will advise his client on whether further steps should be taken, and said there may well be further steps.
1:06pm – For clarification, the justices actually ruled that all 6 votes that had been protested on election day be counted. Five of them were cast for the PLP's Ryan Pinder, giving him a final 3 vote lead over the FNM's Dr Duane Sands. The other vote had been cast for the BDM's Cassius Stuart, but in no way affected the final outcome.
12:52pm – A loud eruption of cheering broke out when the PLP supporters waiting outside the courtroom heard that their candidate Ryan Pinder had been declared the winner of the Elizabeth constituency seat. PLP leader Perry Christie went outside during the break and was shaking hands with supporters.
12:50pm – Court has been adjourned for a few minutes to allow the judges to deliberate over who should pay costs for this case and how the costs should be divided. The argument has been made that the Parliamentary Commissioner's office should assume a significant portion of the costs as it turned out that the votes were protested because of errors in the registration process.
12:41pm – The proceedings continue with debate over who should be required to pay election court costs.
12pm – Senior Justice Anita Allen has just ruled that following the hearing and deliberation, all five protested votes will be counted. This ruling puts the PLP's Ryan Pinder ahead by three votes. Allen warned the packed courtroom that she would not tolerate any outbursts before she began and when the results were read, there was complete silence in the courtroom.
11:33am – Everyone involved in the Elizabeth by-election court case is now inside the courtroom and proceedings have begun. The courtroom is filled to capacity.
10:58am – A crowd of about 50 curious onlookers and supporters of both the Free National Movement and the Progressive Liberal Party have gathered outside the court hearing the Elizabeth by-election case.
Senior Justice Anita Allen and Jon Isaacs who have been presiding over the case have just arrived at court, but the two candidates vying for the parliamentary seat – FNM's Dr Duane Sands and PLP's Ryan Pinder have not been spotted.
When the case is scheduled to resume at 11:30 today, a ruling will be given as whether any of the five protested votes cast for Pinder will be counted. Pinder needs three votes to be declared the winner of the election. A two vote gain for Pinder would result in another election.
March 23,2010
tribune242
1:16pm – The court has just ruled that 3/4 of the costs will be paid by the Parliamentary Commissioner and the remaining 1/4 by the 3rd respondent, the FNM's Dr Duane Sands.
1:14pm – Lead counsel for the FNM's Dr Duane Sands, Thomas Evans, QC, just spoke with The Tribune and said that once he's had a chance to read the ruling completely he will advise his client on whether further steps should be taken, and said there may well be further steps.
1:06pm – For clarification, the justices actually ruled that all 6 votes that had been protested on election day be counted. Five of them were cast for the PLP's Ryan Pinder, giving him a final 3 vote lead over the FNM's Dr Duane Sands. The other vote had been cast for the BDM's Cassius Stuart, but in no way affected the final outcome.
12:52pm – A loud eruption of cheering broke out when the PLP supporters waiting outside the courtroom heard that their candidate Ryan Pinder had been declared the winner of the Elizabeth constituency seat. PLP leader Perry Christie went outside during the break and was shaking hands with supporters.
12:50pm – Court has been adjourned for a few minutes to allow the judges to deliberate over who should pay costs for this case and how the costs should be divided. The argument has been made that the Parliamentary Commissioner's office should assume a significant portion of the costs as it turned out that the votes were protested because of errors in the registration process.
12:41pm – The proceedings continue with debate over who should be required to pay election court costs.
12pm – Senior Justice Anita Allen has just ruled that following the hearing and deliberation, all five protested votes will be counted. This ruling puts the PLP's Ryan Pinder ahead by three votes. Allen warned the packed courtroom that she would not tolerate any outbursts before she began and when the results were read, there was complete silence in the courtroom.
11:33am – Everyone involved in the Elizabeth by-election court case is now inside the courtroom and proceedings have begun. The courtroom is filled to capacity.
10:58am – A crowd of about 50 curious onlookers and supporters of both the Free National Movement and the Progressive Liberal Party have gathered outside the court hearing the Elizabeth by-election case.
Senior Justice Anita Allen and Jon Isaacs who have been presiding over the case have just arrived at court, but the two candidates vying for the parliamentary seat – FNM's Dr Duane Sands and PLP's Ryan Pinder have not been spotted.
When the case is scheduled to resume at 11:30 today, a ruling will be given as whether any of the five protested votes cast for Pinder will be counted. Pinder needs three votes to be declared the winner of the election. A two vote gain for Pinder would result in another election.
March 23,2010
tribune242
Friday, March 19, 2010
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
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
Sunday, March 14, 2010
Election court Bahamas: Parliamentary Commissioner Errol Bethel questioned
By NATARIO McKENZIE
Tribune Staff Reporter
nmckenzie@tribunemedia.net:
PARLIAMENTARY Commissioner Errol Bethel was questioned extensively yesterday regarding discrepancies in the protest votes cast in the Elizabeth by-election.
Mr Bethel was the first and only witness to take the stand yesterday during day two of the Elizabeth election court hearing.
Philip "Brave" Davis, lead attorney for Progressive Liberal Party candidate Leo Ryan Pinder, opened yesterday's proceedings by outlining the election court petition.
Mr Davis then read into the record the affidavit of Stafford Coakley, a licensed surveyor. According to Mr Coakley's affidavit, Mr Pinder -- the petitioner -- had asked him to mark out the residences of the protested voters on a map of the Elizabeth constituency. According to the surveyor, all but five of the protest voters resided in the Elizabeth constituency. The surveyor found that one of the voters in question lived at a home in Commonwealth Boulevard which does not fall within the boundary of the Elizabeth constituency.
When Mr Bethel took the stand, attorney David Higgins who represents him and Returning Officer Jack Thompson, read his affidavit into the court's record. Mr Davis then began his cross-examination of Mr Bethel. During the cross-examination, Mr Bethel admitted that a part of his duty was to verify whether persons whose names appeared on the register were in fact there. He said that his duties were to advise persons of the fact that they were not on the register if it came to his attention. Those notices he said could be sent to their addresses.
Letters are being used to identify the voters whose votes are being protested in the proceedings -- in order to protect their identity. Mr Davis pointed out that the issue with Voter A was over two different listed addresses.
Mr Davis noted that the voter had one address that would put the voter in the Fox Hill Constituency and another that would put the voter in the Elizabeth constituency. He noted that on the voter's card the word Elizabeth was written over Fox Hill. Mr Bethel said that Fox Hill had been stamped over Elizabeth. He said that Fox Hill had been stamped there just prior to the May 2007 general elections. Polling division 12 is now in Fox Hill he said. The other listed address for the voter was South Pine Barren Road, West Barn Close. Mr Davis pointed out that according to the voter's card, voter A was in Elizabeth polling division 4. He pointed out that the voter had voted in May 2007 and in the same constituency in February 2010. Mr Bethel said he could not confirm which was the correct address. He accepted Mr Davis' suggestion that the register had to be corrected or voter's card cancelled and a new one issued in this case.
In relation to a voter identified as voter C, the issue arose as to what appeared on the counterfoil relative to the voter's date of birth. It was revealed that the date of birth listed on the register was different than that listed on the counterfoil. Mr Bethel admitted that the error was on the counterfoil. In relation to a voter identified as voter E who appeared in polling division 8, Mr Bethel pointed out that the discrepancy over the omission of Alligator Close to the voter's address listed on the register was because the computer could only take so many characters. The voter's full address would have read South Sandilands Road, West Fox Hill Road, Alligator Close.
In relation to voter D who voted in polling division 7, Mr Davis noted that in the constituency column, the word Elizabeth had been there but was crossed out and replaced with Yamacraw. He also pointed out that in the polling division column; seven was marked out and replaced with 8. This was also reflected on the counterfoil. Mr Bethel admitted that the address West Commonwealth Boulevard, South Malaysia Way would be in the Elizabeth constituency but the S for South was marked out and N for north was placed there instead, which would place the voter out of Elizabeth. Mr Davis pointed out that the oath taken by the voter also contained corrections. In the oath the voter had sworn that they lived in Elizabeth. Mr Bethel subsequently admitted that the corrections had been made by his office. Mr Bethel contended that the error was that the voter was obviously in the wrong constituency. Mr Davis suggested to him, however, that he was wrong to direct that such corrections be made. Mr Bethel, however, did not accept this suggestion. Mr Davis concluded his cross-examination yesterday by highlighting voter F. According to Mr Davis, voter F had been a registered voter from November 23, 2005 and had been placed in the Yamacraw constituency, polling division 6. Mr Bethel, however, told the court that he had never encountered the voter.
The election court hearing is expected to resume on Monday at 10.30 am. Dr Sands' legal team is expected and attorneys for Mr Bethel and Returning Officer Jack Thompson are expected to begin their cross-examination.
March 13, 2010
tribune242
Tribune Staff Reporter
nmckenzie@tribunemedia.net:
PARLIAMENTARY Commissioner Errol Bethel was questioned extensively yesterday regarding discrepancies in the protest votes cast in the Elizabeth by-election.
Mr Bethel was the first and only witness to take the stand yesterday during day two of the Elizabeth election court hearing.
Philip "Brave" Davis, lead attorney for Progressive Liberal Party candidate Leo Ryan Pinder, opened yesterday's proceedings by outlining the election court petition.
Mr Davis then read into the record the affidavit of Stafford Coakley, a licensed surveyor. According to Mr Coakley's affidavit, Mr Pinder -- the petitioner -- had asked him to mark out the residences of the protested voters on a map of the Elizabeth constituency. According to the surveyor, all but five of the protest voters resided in the Elizabeth constituency. The surveyor found that one of the voters in question lived at a home in Commonwealth Boulevard which does not fall within the boundary of the Elizabeth constituency.
When Mr Bethel took the stand, attorney David Higgins who represents him and Returning Officer Jack Thompson, read his affidavit into the court's record. Mr Davis then began his cross-examination of Mr Bethel. During the cross-examination, Mr Bethel admitted that a part of his duty was to verify whether persons whose names appeared on the register were in fact there. He said that his duties were to advise persons of the fact that they were not on the register if it came to his attention. Those notices he said could be sent to their addresses.
Letters are being used to identify the voters whose votes are being protested in the proceedings -- in order to protect their identity. Mr Davis pointed out that the issue with Voter A was over two different listed addresses.
Mr Davis noted that the voter had one address that would put the voter in the Fox Hill Constituency and another that would put the voter in the Elizabeth constituency. He noted that on the voter's card the word Elizabeth was written over Fox Hill. Mr Bethel said that Fox Hill had been stamped over Elizabeth. He said that Fox Hill had been stamped there just prior to the May 2007 general elections. Polling division 12 is now in Fox Hill he said. The other listed address for the voter was South Pine Barren Road, West Barn Close. Mr Davis pointed out that according to the voter's card, voter A was in Elizabeth polling division 4. He pointed out that the voter had voted in May 2007 and in the same constituency in February 2010. Mr Bethel said he could not confirm which was the correct address. He accepted Mr Davis' suggestion that the register had to be corrected or voter's card cancelled and a new one issued in this case.
In relation to a voter identified as voter C, the issue arose as to what appeared on the counterfoil relative to the voter's date of birth. It was revealed that the date of birth listed on the register was different than that listed on the counterfoil. Mr Bethel admitted that the error was on the counterfoil. In relation to a voter identified as voter E who appeared in polling division 8, Mr Bethel pointed out that the discrepancy over the omission of Alligator Close to the voter's address listed on the register was because the computer could only take so many characters. The voter's full address would have read South Sandilands Road, West Fox Hill Road, Alligator Close.
In relation to voter D who voted in polling division 7, Mr Davis noted that in the constituency column, the word Elizabeth had been there but was crossed out and replaced with Yamacraw. He also pointed out that in the polling division column; seven was marked out and replaced with 8. This was also reflected on the counterfoil. Mr Bethel admitted that the address West Commonwealth Boulevard, South Malaysia Way would be in the Elizabeth constituency but the S for South was marked out and N for north was placed there instead, which would place the voter out of Elizabeth. Mr Davis pointed out that the oath taken by the voter also contained corrections. In the oath the voter had sworn that they lived in Elizabeth. Mr Bethel subsequently admitted that the corrections had been made by his office. Mr Bethel contended that the error was that the voter was obviously in the wrong constituency. Mr Davis suggested to him, however, that he was wrong to direct that such corrections be made. Mr Bethel, however, did not accept this suggestion. Mr Davis concluded his cross-examination yesterday by highlighting voter F. According to Mr Davis, voter F had been a registered voter from November 23, 2005 and had been placed in the Yamacraw constituency, polling division 6. Mr Bethel, however, told the court that he had never encountered the voter.
The election court hearing is expected to resume on Monday at 10.30 am. Dr Sands' legal team is expected and attorneys for Mr Bethel and Returning Officer Jack Thompson are expected to begin their cross-examination.
March 13, 2010
tribune242
Thursday, March 4, 2010
Branville McCartney: I won't take blame for Elizabeth vote
By PAUL G TURNQUEST
Tribune Staff Reporter
pturnquest@tribunemedia.net:
FORMER Minister of State for Immigration Branville McCartney last night hit out at suggestions by senior FNM officials that he was to blame for the party's less than stellar performance in the Elizabeth by-election.
According to sources within the FNM, Mr McCartney was berated at an FNM council meeting last week where a number of meritorious council members (MCM) took the MP to task for the poor showing at the polls in Polling Division 11.
This division, which was headed by the FNM's Minister of State for the Environment Phenton Neymour, was also worked by Mr McCartney who these sources claim, failed to show any "inspiration in his designated duties."
This lack of "inspiration" they claimed was due to the suspicion that the MP was not in favour of the party's candidate Dr Duane Sands, who Mr McCartney could possibly see as another challenger for the leadership of the party if and when the opportunity arose.
"So it came as no surprise to me that he would have resigned," the source added. "Who knows, maybe he was trying to pre-empt what was already in the process of being done."
However, according to Mr McCartney, he has always supported the FNM's candidate in Elizabeth and any suggestion otherwise is completely ridiculous. Further to that, he added that if he did not support Dr Sands he would not have campaigned for him, and the suggestion that he was not "working hard enough" is nothing more than a vicious lie.
"I said publicly on radio my support for Dr Sands. I said that Dr Sands is the best man for the job. My record will speak for itself. You can ask people who campaigned with me," he said.
To Mr McCartney's credit, the MP did note in his resignation letter that he had withheld making this announcement until after the by-election so that it would not hurt the party's chances in Elizabeth.
Reiterating this point, the Bamboo Town MP said he could not possibly be blamed for what happened in Elizabeth as all indicators were revealing that the election was going to be a "close race."
In fact, other sources within the party have suggested that it was the Prime Minister's change in Immigration policy following the earthquake in Haiti that caused the party a number of voters who decided not to show up at the polls.
However, Mr McCartney would not respond to this aspect and maintained that he will be focusing his attention on the affairs of his constituency at this time.
He did say, however, that he remains of the view that if he were to make a push for the leadership of the FNM at some later date, his resignation from the Cabinet of the Bahamas would not be held against him.
"I acted on my personal convictions. And when you act on that you are doing what is right. And when you are doing what is right, how can that hurt you?
"I have not resigned from the party or from my constituency. I intend now to even speak more on other national issues without Cabinet collective responsibility," he said.
As such, the MP said that he will continue to champion the cause of the Bahamian people at large on national issues which will range from Immigration to crime, to land security and border protection.
March 03, 2010
tribune242
Tribune Staff Reporter
pturnquest@tribunemedia.net:
FORMER Minister of State for Immigration Branville McCartney last night hit out at suggestions by senior FNM officials that he was to blame for the party's less than stellar performance in the Elizabeth by-election.
According to sources within the FNM, Mr McCartney was berated at an FNM council meeting last week where a number of meritorious council members (MCM) took the MP to task for the poor showing at the polls in Polling Division 11.
This division, which was headed by the FNM's Minister of State for the Environment Phenton Neymour, was also worked by Mr McCartney who these sources claim, failed to show any "inspiration in his designated duties."
This lack of "inspiration" they claimed was due to the suspicion that the MP was not in favour of the party's candidate Dr Duane Sands, who Mr McCartney could possibly see as another challenger for the leadership of the party if and when the opportunity arose.
"So it came as no surprise to me that he would have resigned," the source added. "Who knows, maybe he was trying to pre-empt what was already in the process of being done."
However, according to Mr McCartney, he has always supported the FNM's candidate in Elizabeth and any suggestion otherwise is completely ridiculous. Further to that, he added that if he did not support Dr Sands he would not have campaigned for him, and the suggestion that he was not "working hard enough" is nothing more than a vicious lie.
"I said publicly on radio my support for Dr Sands. I said that Dr Sands is the best man for the job. My record will speak for itself. You can ask people who campaigned with me," he said.
To Mr McCartney's credit, the MP did note in his resignation letter that he had withheld making this announcement until after the by-election so that it would not hurt the party's chances in Elizabeth.
Reiterating this point, the Bamboo Town MP said he could not possibly be blamed for what happened in Elizabeth as all indicators were revealing that the election was going to be a "close race."
In fact, other sources within the party have suggested that it was the Prime Minister's change in Immigration policy following the earthquake in Haiti that caused the party a number of voters who decided not to show up at the polls.
However, Mr McCartney would not respond to this aspect and maintained that he will be focusing his attention on the affairs of his constituency at this time.
He did say, however, that he remains of the view that if he were to make a push for the leadership of the FNM at some later date, his resignation from the Cabinet of the Bahamas would not be held against him.
"I acted on my personal convictions. And when you act on that you are doing what is right. And when you are doing what is right, how can that hurt you?
"I have not resigned from the party or from my constituency. I intend now to even speak more on other national issues without Cabinet collective responsibility," he said.
As such, the MP said that he will continue to champion the cause of the Bahamian people at large on national issues which will range from Immigration to crime, to land security and border protection.
March 03, 2010
tribune242
Saturday, February 27, 2010
Ryan Pinder's lack of voting record called into question
By PAUL G TURNQUEST
Tribune Staff Reporter
pturnquest@tribunemedia.net:
TO A SOCIETY that often finds itself at odds at one point or the other with the decisions of its government, a citizen's right to vote is his or her ultimate political weapon in truly effecting the change that they wish to see on the political landscape of their country.
In short, many feel that it is their right, and some would say their responsibility, to participate in a process that many of our forefathers were denied.
In the constituency of Elizabeth, the people have spoken, and their voices are being heard -- however faintly -- by the two major political parties. They showed us, quite rightly, that Bahamians not only have the right to vote, but they also have the right not to vote, as was seen by the nearly 1,700 persons who opted not to show up at the polls on February 16th.
The reasons for their decision are theirs alone, and quite frankly, too numerous to speculate on at this time.
On February 15th, however, the Bahamian people were enlightened by the little known fact that one of the candidates in the Elizabeth by-election has never voted in an election in the Bahamas before. In fact, according to the Minister of National Security, Tommy Turnquest, Mr Pinder had only recently registered in the Bahamas in October 2008.
"He has never voted in the Bahamas before!" Mr Turnquest exclaimed.
"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."
Having voted up until March of last year in the United States, Mr Turnquest said that Mr Pinder has only ever voted where he was a citizen and where he was "interested" in the affairs of that country.
While the PLP has cried shame on the FNM for seeking to raise this matter, it is not out of the realm of mature political dialogue that this matter be debated.
How can residents of Elizabeth truly believe in a candidate whose voting record in the Bahamas cannot be verified? I can recall having conversations with PLPs who were measuring their loyalty and devotion to the party not only by the number of times they voted for the PLP, but in how many elections they had continued to toe the party line.
As it was explained, if you did not stand by the party in 1992, and 1997, you were a "Johnny-come-lately." Voting for the PLP in 2002 was simply "going with the tide", and if you didn't vote for the party in 2007 it was almost certainly considered a betrayal of the highest order.
Ballot
Grown men and women sit and argue for hours about why they have gone through the oftentimes long and tedious process of casting their ballot for the PLP. Many of them truly believe that their individual votes make a difference and can change the tide of any given election; every vote can help "out the torch". This idea of being a Bahamian, especially a PLP, and simply choosing not to vote, does not register in the minds of many.
How then can the young Mr Pinder explain to these party foot soldiers that he could not be bothered to take the 45-minute flight from Florida to cast his ballot in one very important election in the Bahamas?
For the record, Mr Pinder has renounced his US citizenship and explained that as he was not residing in the Bahamas, he could not vote in this country. He is currently a registered voter for the constituency of Clifton where it is understood he initially planned to run.
However, Mr Pinder's defence has not gone over well with many Bahamians who feel that it was "presumptuous" of the candidate to come to the Bahamas only a short while ago, and seek to represent a constituency right away.
Perhaps Erin Ferguson, who hosts a widely successful new political television programme on JCN TV, put it best on his last show on Thursday night.
He asked the question that has been on the minds of many Bahamians: How is it that Mr Pinder has never voted in the Bahamas?
"Now you tell me, (because) something wrong about this one. You tell me, you eligible to vote from you 18 -- Mr Pinder is 35. That means he could have voted when he was 22 in 1997. He could have voted when he was 27 in 2002. He could have voted when he was 32 in 2007; and the FNM and the PLP does pay for you to come home to vote!
Election
"And further to that, you can't tell me your that your daddy is Marvin Pinder and you can't figure out how to get home for an election? And Mr (Fred) Mitchell said ... he (Mr Pinder) spent most of his time in the Bahamas. And you used your father's name to legitimize yourself as a candidate in the election ... but you can't then say you aren't invested enough to come home and vote or if you are home, to vote."
"And if you tell me that you was in America and was voting in America because that's where you were living and invested at the time, then don't come here and in a couple of years want to run for MP. At least vote once. Just once. That's all I ask. See how it feels. Test this Bahamian thing out."
"I have to tell you, sir, we have the right to ask, if you can't find yourself in the Bahamas to participate in the Bahamian electoral process, we have the right to ask what is it that you have to gain?" he asked.
However blunt and painful his words may have been, Mr Ferguson has a point and his argument holds water.
And while it has not been widely commented on, some FNM's at Thelma Gibson during the recount fiasco questioned the notion of "entitlement" that has permeated both the PLP and the FNM.
There is no greater "turn off" for voters than to feel that a surname will determine who will be their representative and that a particular family will continue to lead them for the rest of their existence.
While those FNM's at Thelma Gibson were seeking to denigrate Mr Pinder, the fact is both parties are guilty of this, and by hook or by crook, it must be stopped.
Representatives should be elected based on their merit and their genuine interest in the people of this country. The rest of the world has shown us many examples where the children of elected leaders have proven to be less than capable of filling their parent's shoes.
When asked for a general response on Mr Pinder's voting record some PLPs brushed the matter aside saying that it was of little consequence and the issue is nothing more than a "red herring" - an "evil scheme" concocted by the FNM to distract voters.
But is this response enough?
Issue
In fact, there is another way to look at this matter. Many would go so far as to say that if it were the FNM who were running Mr Pinder, the issue of him having never voted in the Bahamas would have been a major issue of contention.
We all can imagine the superfluity of rhetoric that would have spewed forth. Many PLP's would have said, 'Does the FNM think we are that gullible? How could they think that we would be satisfied with a man who ain't ever vote in this country to come here and running our affairs?'
From all accounts it appears that even if the PLP are not victorious in their election court challenge, Mr Pinder will still be their candidate of choice for the Elizabeth constituency in the 2012 general election.
If this is the case, it would be wise for Mr Pinder to respond to the criticism that has come his way in regards to this issue. Burying his head in the sand will not do.
If any lesson can be learned from this by-election, it is that voters in the Bahamas seem to expect more from their would-be representatives.
Whether these representatives are listening is another matter; but as with all things, time will tell.
What do you think?
February 22, 2010
tribune242
Tribune Staff Reporter
pturnquest@tribunemedia.net:
Candidate's lack of voting record called into question
TO A SOCIETY that often finds itself at odds at one point or the other with the decisions of its government, a citizen's right to vote is his or her ultimate political weapon in truly effecting the change that they wish to see on the political landscape of their country.
In short, many feel that it is their right, and some would say their responsibility, to participate in a process that many of our forefathers were denied.
In the constituency of Elizabeth, the people have spoken, and their voices are being heard -- however faintly -- by the two major political parties. They showed us, quite rightly, that Bahamians not only have the right to vote, but they also have the right not to vote, as was seen by the nearly 1,700 persons who opted not to show up at the polls on February 16th.
The reasons for their decision are theirs alone, and quite frankly, too numerous to speculate on at this time.
On February 15th, however, the Bahamian people were enlightened by the little known fact that one of the candidates in the Elizabeth by-election has never voted in an election in the Bahamas before. In fact, according to the Minister of National Security, Tommy Turnquest, Mr Pinder had only recently registered in the Bahamas in October 2008.
"He has never voted in the Bahamas before!" Mr Turnquest exclaimed.
"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."
Having voted up until March of last year in the United States, Mr Turnquest said that Mr Pinder has only ever voted where he was a citizen and where he was "interested" in the affairs of that country.
While the PLP has cried shame on the FNM for seeking to raise this matter, it is not out of the realm of mature political dialogue that this matter be debated.
How can residents of Elizabeth truly believe in a candidate whose voting record in the Bahamas cannot be verified? I can recall having conversations with PLPs who were measuring their loyalty and devotion to the party not only by the number of times they voted for the PLP, but in how many elections they had continued to toe the party line.
As it was explained, if you did not stand by the party in 1992, and 1997, you were a "Johnny-come-lately." Voting for the PLP in 2002 was simply "going with the tide", and if you didn't vote for the party in 2007 it was almost certainly considered a betrayal of the highest order.
Ballot
Grown men and women sit and argue for hours about why they have gone through the oftentimes long and tedious process of casting their ballot for the PLP. Many of them truly believe that their individual votes make a difference and can change the tide of any given election; every vote can help "out the torch". This idea of being a Bahamian, especially a PLP, and simply choosing not to vote, does not register in the minds of many.
How then can the young Mr Pinder explain to these party foot soldiers that he could not be bothered to take the 45-minute flight from Florida to cast his ballot in one very important election in the Bahamas?
For the record, Mr Pinder has renounced his US citizenship and explained that as he was not residing in the Bahamas, he could not vote in this country. He is currently a registered voter for the constituency of Clifton where it is understood he initially planned to run.
However, Mr Pinder's defence has not gone over well with many Bahamians who feel that it was "presumptuous" of the candidate to come to the Bahamas only a short while ago, and seek to represent a constituency right away.
Perhaps Erin Ferguson, who hosts a widely successful new political television programme on JCN TV, put it best on his last show on Thursday night.
He asked the question that has been on the minds of many Bahamians: How is it that Mr Pinder has never voted in the Bahamas?
"Now you tell me, (because) something wrong about this one. You tell me, you eligible to vote from you 18 -- Mr Pinder is 35. That means he could have voted when he was 22 in 1997. He could have voted when he was 27 in 2002. He could have voted when he was 32 in 2007; and the FNM and the PLP does pay for you to come home to vote!
Election
"And further to that, you can't tell me your that your daddy is Marvin Pinder and you can't figure out how to get home for an election? And Mr (Fred) Mitchell said ... he (Mr Pinder) spent most of his time in the Bahamas. And you used your father's name to legitimize yourself as a candidate in the election ... but you can't then say you aren't invested enough to come home and vote or if you are home, to vote."
"And if you tell me that you was in America and was voting in America because that's where you were living and invested at the time, then don't come here and in a couple of years want to run for MP. At least vote once. Just once. That's all I ask. See how it feels. Test this Bahamian thing out."
"I have to tell you, sir, we have the right to ask, if you can't find yourself in the Bahamas to participate in the Bahamian electoral process, we have the right to ask what is it that you have to gain?" he asked.
However blunt and painful his words may have been, Mr Ferguson has a point and his argument holds water.
And while it has not been widely commented on, some FNM's at Thelma Gibson during the recount fiasco questioned the notion of "entitlement" that has permeated both the PLP and the FNM.
There is no greater "turn off" for voters than to feel that a surname will determine who will be their representative and that a particular family will continue to lead them for the rest of their existence.
While those FNM's at Thelma Gibson were seeking to denigrate Mr Pinder, the fact is both parties are guilty of this, and by hook or by crook, it must be stopped.
Representatives should be elected based on their merit and their genuine interest in the people of this country. The rest of the world has shown us many examples where the children of elected leaders have proven to be less than capable of filling their parent's shoes.
When asked for a general response on Mr Pinder's voting record some PLPs brushed the matter aside saying that it was of little consequence and the issue is nothing more than a "red herring" - an "evil scheme" concocted by the FNM to distract voters.
But is this response enough?
Issue
In fact, there is another way to look at this matter. Many would go so far as to say that if it were the FNM who were running Mr Pinder, the issue of him having never voted in the Bahamas would have been a major issue of contention.
We all can imagine the superfluity of rhetoric that would have spewed forth. Many PLP's would have said, 'Does the FNM think we are that gullible? How could they think that we would be satisfied with a man who ain't ever vote in this country to come here and running our affairs?'
From all accounts it appears that even if the PLP are not victorious in their election court challenge, Mr Pinder will still be their candidate of choice for the Elizabeth constituency in the 2012 general election.
If this is the case, it would be wise for Mr Pinder to respond to the criticism that has come his way in regards to this issue. Burying his head in the sand will not do.
If any lesson can be learned from this by-election, it is that voters in the Bahamas seem to expect more from their would-be representatives.
Whether these representatives are listening is another matter; but as with all things, time will tell.
What do you think?
February 22, 2010
tribune242
Thursday, February 25, 2010
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
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
Tuesday, February 23, 2010
Some PLPs have short memories
tribune242 Editorial:
CALLING FOR electoral reform, Opposition Leader Perry Christie described the weeks leading up to the Elizabeth by-election as "the worst" he'd seen in terms of allegations that FNM members were using their government clout to sway voters. "Up to Monday (the day before the election)," he said, "government was giving people jobs with a clear intention of influencing the vote. That's not proper, ethical or fair."
And this is what Prime Minister Hubert Ingraham had to say about the May 2, 2007 election in which Mr Christie, then the prime minister, lost the government to Mr Ingraham, who was Opposition leader.
On becoming prime minister, Mr Ingraham told his supporters that the 2007 election was the most interfered with election in Bahamian history.
"I am ashamed that on Perry Christie's watch there was more political interference in the electoral process than at any time, even under Pindling," said Mr Ingraham.
It was claimed that $80 million was awarded to contractors "a few months ago and days leading up to the 2007 election."
However, in our opinion the June 19, 1987 general election in the Crooked Island constituency, followed by the November 24, 1989 by-election -- called after the MP elected in the 1987 election was sent to prison for offering a drug court magistrate $10,000 to drop a case before her -- were two of the worst elections that we recall. The late Basil Kelly, who had been MP for the Crooked Island constituency for about 20 years, offered as the FNM candidate in both elections. He lost both.
In last week's Elizabeth by-election the PLP protested the presence of National Security Minister Tommy Turnquest -- who is the minister responsible for Parliamentary Elections -- in the recount room at Thelma Gibson Primary School. However, they forget that in the Crooked Island by-election in 1989, Prime Minister Sir Lynden Pindling at the end of a Cabinet meeting flew to Crooked Island, ordering all of his Cabinet ministers to get themselves to the island to fight the by-election and watch over the stations. Sir Lynden himself gave all of the Long Cay school children a gift of a hand held video camera with a $400,000 contract going to a PLP council member in the constituency to construct an administrative building. During that by-election Yamacraw MP Janet Bostwick said that the by-election reminded her of 1982 when the PLP took tankers of asphalt to the district and told voters that if they wanted the roads repaired they had to vote for Wilbert Moss. The people voted for Mr Moss and a week after the elections, the equipment was taken away. In the 1989 by-election the people were again told that if they wanted the roads repaired, electricity installed and running water into their homes they had to "walk with Walkine." This, said Mrs Bostwick, was just another PLP ploy to fool voters of that impoverished district. She rightly predicted that after the election the flurry of jobs handed out during the campaign would come to an end.
As Mr Kelly pointed out in his report on the 1987 election one must understand that at the time there were no job opportunities in the entire Crooked Island district except for government employment and one small tourist facility that employed no more than 10 people at any one time. During the 1987 election, he said, these people were given jobs off and on from nomination day until election day weeding the road, as assistant janitresses, assisting in the polls on election day, nurses assistants and "whatever could be dreamt up and paid for out of the Treasury."
Campaigning were two civil servants, school teachers, and the returning officer, who did not openly campaign, but who was "directed by PLP generals throughout the campaign."
The helicopter, ostensibly at the island for the PLP candidates, was "also used to ferry government presiding officers, the returning officer, the mailboat captain, and in fact, picked up the ballot boxes after polling on election day. It was openly admitted by the pilot of the helicopter that this was government's helicopter," wrote Mr Kelly. What everyone wanted to know was whether the Treasury paid for the helicopter.
"There was a new trick that I had never seen before in the form of intimidation," Mr Kelly wrote of the 1987 election. "Voters were told during the campaign by leading PLP generals and civil servants that when a particular voter voted, the presiding officer was instructed to write his signature on the back of his ballot differently to others so that his ballot would be easily identifiable. This way he could tell how that particular voter voted when the ballots were counted, and if the voter did not vote right (in other words, for the PLP) his daughter or whoever was working for government would lose their job."
Throughout that campaign civil servants acted as PLP generals, and the few civil servants who were known FNM supporters were ordered not to vote. Whatever the FNM might have done during the Elizabeth by-election, which Mr Christie claims was "not proper, ethical or fair" cannot be condoned.
But when the PLP held the helm of state, they were absolutely ruthless, particularly in some of these impoverished Family Islands. Now maybe some of them will know what it is like to be on the receiving end. Retribution has come full circle.
February 23, 2010
tribune242
CALLING FOR electoral reform, Opposition Leader Perry Christie described the weeks leading up to the Elizabeth by-election as "the worst" he'd seen in terms of allegations that FNM members were using their government clout to sway voters. "Up to Monday (the day before the election)," he said, "government was giving people jobs with a clear intention of influencing the vote. That's not proper, ethical or fair."
And this is what Prime Minister Hubert Ingraham had to say about the May 2, 2007 election in which Mr Christie, then the prime minister, lost the government to Mr Ingraham, who was Opposition leader.
On becoming prime minister, Mr Ingraham told his supporters that the 2007 election was the most interfered with election in Bahamian history.
"I am ashamed that on Perry Christie's watch there was more political interference in the electoral process than at any time, even under Pindling," said Mr Ingraham.
It was claimed that $80 million was awarded to contractors "a few months ago and days leading up to the 2007 election."
However, in our opinion the June 19, 1987 general election in the Crooked Island constituency, followed by the November 24, 1989 by-election -- called after the MP elected in the 1987 election was sent to prison for offering a drug court magistrate $10,000 to drop a case before her -- were two of the worst elections that we recall. The late Basil Kelly, who had been MP for the Crooked Island constituency for about 20 years, offered as the FNM candidate in both elections. He lost both.
In last week's Elizabeth by-election the PLP protested the presence of National Security Minister Tommy Turnquest -- who is the minister responsible for Parliamentary Elections -- in the recount room at Thelma Gibson Primary School. However, they forget that in the Crooked Island by-election in 1989, Prime Minister Sir Lynden Pindling at the end of a Cabinet meeting flew to Crooked Island, ordering all of his Cabinet ministers to get themselves to the island to fight the by-election and watch over the stations. Sir Lynden himself gave all of the Long Cay school children a gift of a hand held video camera with a $400,000 contract going to a PLP council member in the constituency to construct an administrative building. During that by-election Yamacraw MP Janet Bostwick said that the by-election reminded her of 1982 when the PLP took tankers of asphalt to the district and told voters that if they wanted the roads repaired they had to vote for Wilbert Moss. The people voted for Mr Moss and a week after the elections, the equipment was taken away. In the 1989 by-election the people were again told that if they wanted the roads repaired, electricity installed and running water into their homes they had to "walk with Walkine." This, said Mrs Bostwick, was just another PLP ploy to fool voters of that impoverished district. She rightly predicted that after the election the flurry of jobs handed out during the campaign would come to an end.
As Mr Kelly pointed out in his report on the 1987 election one must understand that at the time there were no job opportunities in the entire Crooked Island district except for government employment and one small tourist facility that employed no more than 10 people at any one time. During the 1987 election, he said, these people were given jobs off and on from nomination day until election day weeding the road, as assistant janitresses, assisting in the polls on election day, nurses assistants and "whatever could be dreamt up and paid for out of the Treasury."
Campaigning were two civil servants, school teachers, and the returning officer, who did not openly campaign, but who was "directed by PLP generals throughout the campaign."
The helicopter, ostensibly at the island for the PLP candidates, was "also used to ferry government presiding officers, the returning officer, the mailboat captain, and in fact, picked up the ballot boxes after polling on election day. It was openly admitted by the pilot of the helicopter that this was government's helicopter," wrote Mr Kelly. What everyone wanted to know was whether the Treasury paid for the helicopter.
"There was a new trick that I had never seen before in the form of intimidation," Mr Kelly wrote of the 1987 election. "Voters were told during the campaign by leading PLP generals and civil servants that when a particular voter voted, the presiding officer was instructed to write his signature on the back of his ballot differently to others so that his ballot would be easily identifiable. This way he could tell how that particular voter voted when the ballots were counted, and if the voter did not vote right (in other words, for the PLP) his daughter or whoever was working for government would lose their job."
Throughout that campaign civil servants acted as PLP generals, and the few civil servants who were known FNM supporters were ordered not to vote. Whatever the FNM might have done during the Elizabeth by-election, which Mr Christie claims was "not proper, ethical or fair" cannot be condoned.
But when the PLP held the helm of state, they were absolutely ruthless, particularly in some of these impoverished Family Islands. Now maybe some of them will know what it is like to be on the receiving end. Retribution has come full circle.
February 23, 2010
tribune242
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
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
Perry Christie - Progressive Liberal Party (PLP) Leader satisfied Ryan Pinder was qualified to run in the Elizabeth by-election
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Progressive Liberal Party Leader Perry Christie said yesterday he is satisfied that Ryan Pinder did what he needed to do in order to be qualified to offer himself in the Elizabeth by-election last Tuesday and challenged the Free National Movement to prove otherwise in court.
Christie was responding to Prime Minister Hubert Ingraham's announcement that the Free National Movement will raise the question of whether Pinder was in fact qualified in the first place to run as a candidate in the recent poll.
"For the prime minister to raise that issue tells me that he knows that we are going to win that Election Court case," said Christie during a news conference at the PLP's headquarters.
"I'm comforted by the fact that by raising that question, Ingraham knows that. At all material times the prime minister must be aware of the fact that not only he has intelligence; that we understand the issues that affect our candidate and we accept the assurance that [he is a] Bahamian citizen and otherwise fully qualified to offer himself for the by-election for Elizabeth. So when Ryan Pinder went forth, we were satisfied on the basis of all assurances that he was qualified — a qualified candidate to be elected and serve in the Elizabeth constituency."
Christie added: "Now since the prime minister wants to raise it, I just want to go on the principle of law: He who asserts must prove and we leave it to him to make his application and to present his proof."
The Progressive Liberal Party has announced its intention to go to court for the court to decide on five protest votes cast in Pinder's favor during last week's by-election in Elizabeth. The two-day recounted ended with Pinder receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
No winner has been certified, however, as the five PLP protest votes could still impact the outcome of the race, should the court rule them to be valid.
During his party's news conference on Sunday, Ingraham said the FNM would raise the issue of Pinder's qualifications as a preliminary matter.
"When we go to court we will have Duane Sands' passport; we'll say he's a Bahamian," Ingraham said. "We'll say he has never held any other citizenship at any other time. And we will call upon them to show Mr. Ryan Pinder's American passport, to show us where it was marked canceled by the Americans before the nomination day."
Ingraham noted that there is nothing wrong with Bahamian citizens who possess citizenship of another country to run for office in The Bahamas. However, the prime minister added that someone who takes advantage of his citizenship of another country — by voting, working and benefiting from special university rates — is a different story altogether.
"If you've done that, then you need to get rid of that citizenship before you nominate and certainly before you are elected," he said.
February 23, 2010
thenassauguardian
Progressive Liberal Party Leader Perry Christie said yesterday he is satisfied that Ryan Pinder did what he needed to do in order to be qualified to offer himself in the Elizabeth by-election last Tuesday and challenged the Free National Movement to prove otherwise in court.
Christie was responding to Prime Minister Hubert Ingraham's announcement that the Free National Movement will raise the question of whether Pinder was in fact qualified in the first place to run as a candidate in the recent poll.
"For the prime minister to raise that issue tells me that he knows that we are going to win that Election Court case," said Christie during a news conference at the PLP's headquarters.
"I'm comforted by the fact that by raising that question, Ingraham knows that. At all material times the prime minister must be aware of the fact that not only he has intelligence; that we understand the issues that affect our candidate and we accept the assurance that [he is a] Bahamian citizen and otherwise fully qualified to offer himself for the by-election for Elizabeth. So when Ryan Pinder went forth, we were satisfied on the basis of all assurances that he was qualified — a qualified candidate to be elected and serve in the Elizabeth constituency."
Christie added: "Now since the prime minister wants to raise it, I just want to go on the principle of law: He who asserts must prove and we leave it to him to make his application and to present his proof."
The Progressive Liberal Party has announced its intention to go to court for the court to decide on five protest votes cast in Pinder's favor during last week's by-election in Elizabeth. The two-day recounted ended with Pinder receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
No winner has been certified, however, as the five PLP protest votes could still impact the outcome of the race, should the court rule them to be valid.
During his party's news conference on Sunday, Ingraham said the FNM would raise the issue of Pinder's qualifications as a preliminary matter.
"When we go to court we will have Duane Sands' passport; we'll say he's a Bahamian," Ingraham said. "We'll say he has never held any other citizenship at any other time. And we will call upon them to show Mr. Ryan Pinder's American passport, to show us where it was marked canceled by the Americans before the nomination day."
Ingraham noted that there is nothing wrong with Bahamian citizens who possess citizenship of another country to run for office in The Bahamas. However, the prime minister added that someone who takes advantage of his citizenship of another country — by voting, working and benefiting from special university rates — is a different story altogether.
"If you've done that, then you need to get rid of that citizenship before you nominate and certainly before you are elected," he said.
February 23, 2010
thenassauguardian
Monday, February 22, 2010
Need for election reform
tribune242.com editorial:
PLP Leader Perry Christie has called for election reform, accusing FNM operatives of conducting an unethical by-election in the Elizabeth campaign. He said it was a campaign filled with promises of jobs and offering incentives to voters in exchange for their support.
A seasoned parliamentarian of 30 years, Mr Christie condemned the by-election as "the worst" he had "ever seen it" in terms of allegations that members of the FNM were using their government clout to sway voters. He claimed that on the eve of the by-election, a PLP supporter told him that her daughter had been offered a job by an FNM member, presumably to influence her vote.
Up to Monday, said Mr Christie --the election was on Tuesday-- "government was giving people jobs with a clear intention of influencing the vote. That's not proper, ethical or fair."
At present he said too much was happening "below the radar", elections had to be more transparent. What goes on now is just "not fair," he said.
It would seem that the Opposition leader believes his party has patented election practices that are "below the radar" and that at no election should they be imitated, particularly if it means a defeat for the PLP.
This observation does not mean that we condone unfair electoral practices or that there should not be electoral reform. It is just that it seems ironic that such a complaint should come from the leader of the PLP, a party that in the past 43 years has honed unfair election practices into a fine art.
Let's go back three years to 2007.
Mr Christie, PLP leader, was then the Prime Minister. His first -- and only -- five-year term ended that year and an election was called for May 2, 2007.
Prime Minister Hubert Ingraham was then the leader of the FNM and headed the official Opposition.
During the 2007 election campaign the FNM also accused the PLP of many unfair practices.
For example, police, Defence Force officers and public administrators always vote before the general public. The day they voted in the 2007 election was government pay day. One police officer told The Tribune that before voting he checked his bank account. He discovered that an extra $150 had been added to his salary. This extra was his pension that had been suspended. He said senior officers also received a lump sum as their pension payment.
It was understood at the time that retired officers on pension, who had returned to the force could not receive both salary and pension while they continued to serve. Their pensions were, therefore, suspended during this working period. However, two weeks before they were to vote they were told that the pension suspension had been lifted. They were paid both their salaries and their pensions on the day they voted.
It was also rumoured that certain government contracts were being hurriedly signed for five-year periods to secure jobs for PLP favourites should the Christie government lose the 2007 election.
About a month before the election it was reported that hundreds of temporary workers had been added to government's payroll.
Civil servants are banned from campaigning for either side during an election, but during the 2007 election -- as in most elections before it --reports were coming into The Tribune from Eleuthera that not only were civil servants campaigning, but they were using government vehicles to do so. The FNM candidate for North Eleuthera complained to the Parliamentary Registrar General Errol Bethel that the North Eleuthera administrator, who was also the assistant returning officer for the 2007 election, was openly campaigning for the PLP candidate.
In the three weeks leading up to the 2007 election, Bahamians were talking about vote buying, intimidation, threats of loss of jobs, pensions and even government housing if they failed to vote PLP.
And where was Mr Christie in the June 19, 1987 Crooked Island by-election that he can honestly say today that the Elizabeth by-election was the worst he had ever seen in terms of allegations that members of the FNM were using their government clout to sway voters? What was the late Sir Lynden Pindling doing when he ordered his whole Cabinet to descend on that isolated constituency, backed up by a Defence Force boat circling the island as further intimidation in the late Basil Kelly's 1987 by-election?
In a four-and-a-half page type written report of that by-election, Mr Kelly said that in one small settlement the mailboat landed an estimated $2,000 to $3,000 worth of groceries. The groceries were issued before the election, $50 worth to every voter. The voters were told that if the PLP got 30 votes or more out of that settlement, they would not have to pay the grocery bill.
Mr Kelly said that this particular settlement was the most isolated in the whole district. They were also told that if the PLP did not get their 30 votes the people's mail boat service would be taken away. The settlement was expected to go 50-50 -- half FNM, half PLP. In the end the district voted 16 FNM, 30 PLP.
If Mr Christie in fact believes that Elizabeth was the worst he has seen then maybe we should continue this discussion in this column tomorrow with quotes from Mr Kelly's report. Surely we can't let our Opposition leader remain uninformed.
February 22, 2010
tribune242
PLP Leader Perry Christie has called for election reform, accusing FNM operatives of conducting an unethical by-election in the Elizabeth campaign. He said it was a campaign filled with promises of jobs and offering incentives to voters in exchange for their support.
A seasoned parliamentarian of 30 years, Mr Christie condemned the by-election as "the worst" he had "ever seen it" in terms of allegations that members of the FNM were using their government clout to sway voters. He claimed that on the eve of the by-election, a PLP supporter told him that her daughter had been offered a job by an FNM member, presumably to influence her vote.
Up to Monday, said Mr Christie --the election was on Tuesday-- "government was giving people jobs with a clear intention of influencing the vote. That's not proper, ethical or fair."
At present he said too much was happening "below the radar", elections had to be more transparent. What goes on now is just "not fair," he said.
It would seem that the Opposition leader believes his party has patented election practices that are "below the radar" and that at no election should they be imitated, particularly if it means a defeat for the PLP.
This observation does not mean that we condone unfair electoral practices or that there should not be electoral reform. It is just that it seems ironic that such a complaint should come from the leader of the PLP, a party that in the past 43 years has honed unfair election practices into a fine art.
Let's go back three years to 2007.
Mr Christie, PLP leader, was then the Prime Minister. His first -- and only -- five-year term ended that year and an election was called for May 2, 2007.
Prime Minister Hubert Ingraham was then the leader of the FNM and headed the official Opposition.
During the 2007 election campaign the FNM also accused the PLP of many unfair practices.
For example, police, Defence Force officers and public administrators always vote before the general public. The day they voted in the 2007 election was government pay day. One police officer told The Tribune that before voting he checked his bank account. He discovered that an extra $150 had been added to his salary. This extra was his pension that had been suspended. He said senior officers also received a lump sum as their pension payment.
It was understood at the time that retired officers on pension, who had returned to the force could not receive both salary and pension while they continued to serve. Their pensions were, therefore, suspended during this working period. However, two weeks before they were to vote they were told that the pension suspension had been lifted. They were paid both their salaries and their pensions on the day they voted.
It was also rumoured that certain government contracts were being hurriedly signed for five-year periods to secure jobs for PLP favourites should the Christie government lose the 2007 election.
About a month before the election it was reported that hundreds of temporary workers had been added to government's payroll.
Civil servants are banned from campaigning for either side during an election, but during the 2007 election -- as in most elections before it --reports were coming into The Tribune from Eleuthera that not only were civil servants campaigning, but they were using government vehicles to do so. The FNM candidate for North Eleuthera complained to the Parliamentary Registrar General Errol Bethel that the North Eleuthera administrator, who was also the assistant returning officer for the 2007 election, was openly campaigning for the PLP candidate.
In the three weeks leading up to the 2007 election, Bahamians were talking about vote buying, intimidation, threats of loss of jobs, pensions and even government housing if they failed to vote PLP.
And where was Mr Christie in the June 19, 1987 Crooked Island by-election that he can honestly say today that the Elizabeth by-election was the worst he had ever seen in terms of allegations that members of the FNM were using their government clout to sway voters? What was the late Sir Lynden Pindling doing when he ordered his whole Cabinet to descend on that isolated constituency, backed up by a Defence Force boat circling the island as further intimidation in the late Basil Kelly's 1987 by-election?
In a four-and-a-half page type written report of that by-election, Mr Kelly said that in one small settlement the mailboat landed an estimated $2,000 to $3,000 worth of groceries. The groceries were issued before the election, $50 worth to every voter. The voters were told that if the PLP got 30 votes or more out of that settlement, they would not have to pay the grocery bill.
Mr Kelly said that this particular settlement was the most isolated in the whole district. They were also told that if the PLP did not get their 30 votes the people's mail boat service would be taken away. The settlement was expected to go 50-50 -- half FNM, half PLP. In the end the district voted 16 FNM, 30 PLP.
If Mr Christie in fact believes that Elizabeth was the worst he has seen then maybe we should continue this discussion in this column tomorrow with quotes from Mr Kelly's report. Surely we can't let our Opposition leader remain uninformed.
February 22, 2010
tribune242
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
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
Elizabeth by-election: FNM wants PLP to put up security for Election Court costs
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
The Free National Movement will seek the agreement of the Election Court for the Progressive Liberal Party to be required to put up security for costs, so that if the PLP loses the pending Elizabeth challenge, there would be money to meet its obligation to pay, FNM leader Hubert Ingraham announced yesterday at his first news conference after the hotly-contested by-election.
Ingraham stressed that the FNM fully expects the PLP to lose in court.
"The elites in the PLP seem to prefer court cases over the expressed will of the people," he said.
"It is not enough to talk about the ideals of democracy. A responsible and democratic government is charged with putting in place the measures which help to protect these ideals."
The PLP is preparing to mount an Election Court challenge after a grueling two-day recount resulted in its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes secured by Dr. Duane Sands, the FNM's candidate.
Pinder also got five protest votes that could still impact the outcome of the election, but Ingraham said the FNM has evidence that at least four of the people who voted on colored ballots had no entitlement to vote.
According to Ingraham, the PLP has long found it difficult to accept the will of the people expressed on election day.
"They like to go to court; but they are only satisfied when the court finds in their favor," he told the media and FNM supporters gathered at the party's headquarters on Mackey Street.
He noted that following the 2007 general election the PLP mounted a series of challenges in Election Court that proved unsuccessful.
"All were unnecessary — in Pinewood, in Marco City, and in Blue Hills," Ingraham said. "In none of those cases have the PLP paid the Election Court costs. Not one. This is par for the course.
"It is also part of an entitlement mentality by the PLP that the standards of fair play, common decency and abiding by the rules apply to everyone but themselves. In their minds the decisions of our national institutions may be circumvented or ignored if they are not in keeping with the self-interests of the PLP."
Ingraham reminded that the PLP owes ZNS $236,000.
He said had The Nassau Guardian not exposed this information recently, he would not have discussed it publicly.
"I would have sought to cajole to persuade them to pay, but now it looks like we've got to shame them to pay," Ingraham said.
This amount was incurred by the PLP over two and a half years ago at the last general election, he said.
"Ironically, the money still owed to ZNS is mostly a result of the television broadcast of rallies, which ignored longstanding broadcast rules which the PLP ignored and unilaterally broke," Ingraham charged.
"Further, despite not paying their general election bill they felt they were entitled to more time on ZNS during the Elizabeth by-election. With the extraordinary amount of funds the PLP spent in Elizabeth, they had more than enough funds to pay their other legal debts inclusive of sums owed Bahamasair. That they refused to do so is indicative of their mindset.
"Not paying their court costs and failing to pay ZNS and Bahamasair is a clear abuse of our national institutions. It sends the wrong example on many levels. The PLP are happy to take advantage of these institutions. But they refuse to abide by their decisions as and when it suits their purposes."
Ingraham claimed that the PLP had much more money than the FNM to spend during the Elizabeth by-election campaign and did so.
Ingraham also said when he became leader of the FNM in 1990, one of the early matters that he had to address was the settlement of costs for Election Court challenges mounted by the FNM following the 1987 general election.
"We raised the money and paid the $750,000 costs awarded against us by the court. We did so before the 1992 elections. We paid the monies to Nottage, Miller & Co., their legal representatives," Ingraham said.
"When the courts found in the government's favor on matters involving Sir Lynden Pindling (the now deceased former prime minister), Darrell Rolle and Philip Bethel (former PLP ministers) we, in the FNM government did not hound them to pay because we did not believe that the government should pursue people into bankruptcy."
Ingraham added, "When Sir Lynden Pindling was sued by Sir Kendal Isaacs (former FNM leader) on a matter concerning public disclosure, Sir Lynden insisted that he pay the $100,000 assessed by the courts. I never tire of saying that we are different from them; distinctly different."
He noted that in 2007 the FNM mounted a challenge against the PLP's victory in MICAL and lost.
"We paid costs of almost $225,000 to Davis & Co., the PLP's legal representatives. As a party, we take ownership and responsibility for our Election Court cases," Ingraham said.
"The PLP takes ownership and responsibility for nothing. When they lose an election case, they claim that the individual took the case to Election Court, not the party, and they pay nothing; ignore the debt.
In their world they never lose, cannot lose: The voters make mistakes, the parliamentary commissioner is inefficient, the FNM steals elections and the courts are in error."
Ingraham pointed out that in the case of the 2007 Marco City challenge, the Election Court assessed costs at $1 million.
"They have not paid a red nickel. We have not yet assessed the costs for Pinewood and Blue Hills; be assured however, we will do so," Ingraham said.
"They have a new mantra now. When they lose, they declare victory, tell their supporters that the election isn't over yet; send their operatives to all the radio stations to spill their vile mistruths and half-truths. They drag their matters on for as long as possible, hoping that somehow they will be able to reverse the decision made by the people on election day.
"They did this in 2007 and for more than a year held out to their supporters that victory was just around the corner. They did this cynically because they knew they had lost the 2007 general election fair and square. They knew they were wasting the Election Court's time when attention ought to have been given to serving the people."
Ingraham said the PLP appears now to be on the verge of "this same self-serving, delaying tactic" following the Elizabeth by-election.
"This is not the behavior of democrats," he said.
"Instead, it is the behavior of a PLP elite who manipulate our political system for their own self-aggrandizement and personal benefit. In other words, rather than serving our democratic institutions, the PLP mostly seek to have these institutions serve their personal needs and agendas."
Februray 22, 2010
thenassauguardian
The Free National Movement will seek the agreement of the Election Court for the Progressive Liberal Party to be required to put up security for costs, so that if the PLP loses the pending Elizabeth challenge, there would be money to meet its obligation to pay, FNM leader Hubert Ingraham announced yesterday at his first news conference after the hotly-contested by-election.
Ingraham stressed that the FNM fully expects the PLP to lose in court.
"The elites in the PLP seem to prefer court cases over the expressed will of the people," he said.
"It is not enough to talk about the ideals of democracy. A responsible and democratic government is charged with putting in place the measures which help to protect these ideals."
The PLP is preparing to mount an Election Court challenge after a grueling two-day recount resulted in its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes secured by Dr. Duane Sands, the FNM's candidate.
Pinder also got five protest votes that could still impact the outcome of the election, but Ingraham said the FNM has evidence that at least four of the people who voted on colored ballots had no entitlement to vote.
According to Ingraham, the PLP has long found it difficult to accept the will of the people expressed on election day.
"They like to go to court; but they are only satisfied when the court finds in their favor," he told the media and FNM supporters gathered at the party's headquarters on Mackey Street.
He noted that following the 2007 general election the PLP mounted a series of challenges in Election Court that proved unsuccessful.
"All were unnecessary — in Pinewood, in Marco City, and in Blue Hills," Ingraham said. "In none of those cases have the PLP paid the Election Court costs. Not one. This is par for the course.
"It is also part of an entitlement mentality by the PLP that the standards of fair play, common decency and abiding by the rules apply to everyone but themselves. In their minds the decisions of our national institutions may be circumvented or ignored if they are not in keeping with the self-interests of the PLP."
Ingraham reminded that the PLP owes ZNS $236,000.
He said had The Nassau Guardian not exposed this information recently, he would not have discussed it publicly.
"I would have sought to cajole to persuade them to pay, but now it looks like we've got to shame them to pay," Ingraham said.
This amount was incurred by the PLP over two and a half years ago at the last general election, he said.
"Ironically, the money still owed to ZNS is mostly a result of the television broadcast of rallies, which ignored longstanding broadcast rules which the PLP ignored and unilaterally broke," Ingraham charged.
"Further, despite not paying their general election bill they felt they were entitled to more time on ZNS during the Elizabeth by-election. With the extraordinary amount of funds the PLP spent in Elizabeth, they had more than enough funds to pay their other legal debts inclusive of sums owed Bahamasair. That they refused to do so is indicative of their mindset.
"Not paying their court costs and failing to pay ZNS and Bahamasair is a clear abuse of our national institutions. It sends the wrong example on many levels. The PLP are happy to take advantage of these institutions. But they refuse to abide by their decisions as and when it suits their purposes."
Ingraham claimed that the PLP had much more money than the FNM to spend during the Elizabeth by-election campaign and did so.
Ingraham also said when he became leader of the FNM in 1990, one of the early matters that he had to address was the settlement of costs for Election Court challenges mounted by the FNM following the 1987 general election.
"We raised the money and paid the $750,000 costs awarded against us by the court. We did so before the 1992 elections. We paid the monies to Nottage, Miller & Co., their legal representatives," Ingraham said.
"When the courts found in the government's favor on matters involving Sir Lynden Pindling (the now deceased former prime minister), Darrell Rolle and Philip Bethel (former PLP ministers) we, in the FNM government did not hound them to pay because we did not believe that the government should pursue people into bankruptcy."
Ingraham added, "When Sir Lynden Pindling was sued by Sir Kendal Isaacs (former FNM leader) on a matter concerning public disclosure, Sir Lynden insisted that he pay the $100,000 assessed by the courts. I never tire of saying that we are different from them; distinctly different."
He noted that in 2007 the FNM mounted a challenge against the PLP's victory in MICAL and lost.
"We paid costs of almost $225,000 to Davis & Co., the PLP's legal representatives. As a party, we take ownership and responsibility for our Election Court cases," Ingraham said.
"The PLP takes ownership and responsibility for nothing. When they lose an election case, they claim that the individual took the case to Election Court, not the party, and they pay nothing; ignore the debt.
In their world they never lose, cannot lose: The voters make mistakes, the parliamentary commissioner is inefficient, the FNM steals elections and the courts are in error."
Ingraham pointed out that in the case of the 2007 Marco City challenge, the Election Court assessed costs at $1 million.
"They have not paid a red nickel. We have not yet assessed the costs for Pinewood and Blue Hills; be assured however, we will do so," Ingraham said.
"They have a new mantra now. When they lose, they declare victory, tell their supporters that the election isn't over yet; send their operatives to all the radio stations to spill their vile mistruths and half-truths. They drag their matters on for as long as possible, hoping that somehow they will be able to reverse the decision made by the people on election day.
"They did this in 2007 and for more than a year held out to their supporters that victory was just around the corner. They did this cynically because they knew they had lost the 2007 general election fair and square. They knew they were wasting the Election Court's time when attention ought to have been given to serving the people."
Ingraham said the PLP appears now to be on the verge of "this same self-serving, delaying tactic" following the Elizabeth by-election.
"This is not the behavior of democrats," he said.
"Instead, it is the behavior of a PLP elite who manipulate our political system for their own self-aggrandizement and personal benefit. In other words, rather than serving our democratic institutions, the PLP mostly seek to have these institutions serve their personal needs and agendas."
Februray 22, 2010
thenassauguardian
Elizabeth by-election: Many illegal votes cast says Prime Minister Hubert Ingraham
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Many people voted illegally in the Elizabeth by-election last Tuesday, according to Prime Minister Hubert Ingraham, who indicated yesterday that the Free National Movement would wage an all-out war to secure victory, and fully expects to win the looming Election Court challenge.
"...We were also surprised by a number of persons who voted who shouldn't have voted," said Ingraham during a press conference yesterday at the FNM headquarters on Mackey Street.
"We didn't have sufficient information on that day (by-election day) to challenge them. We challenged many of them, however; and should the matter go to the Election Court, we believe that there are large numbers of persons whose votes would be liable to be declared void."
The Progressive Liberal Party (PLP) is preparing to mount an Election Court challenge after a two-day recount ended with its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
Pinder also got five protest votes that could still impact the outcome of the election.
Protest votes are those votes that were cast on a colored ballot paper because the presiding officer was not satisfied as to the identity of the voter or as to his entitlement to vote because of a defect in the voter's card; an incorrect entry in the register; or the voter had a voter's card but his name did not appear in the register for the constituency or the particular polling division.
Although the person is still allowed to vote, it is not counted, but if the protest votes could materially affect the outcome of an election, a court may make a final determination.
PLP trustee and attorney Valentine Grimes pointed out last week that if the protest votes are added to Pinder's tally after the election challenge, Pinder would have a total of 1,504 votes as compared to Sands' 1,501 votes, and therefore would be declared the winner.
However, Ingraham said the FNM is not worried about those protest votes.
He also claimed that corruption and voter fraud were high in the Elizabeth constituency.
"I wouldn't dare burden my supporters with what I know," he said.
Ingraham hinted that the FNM has developed a three-pronged plan to ensure that it secures a victory.
"The FNM expects to win what the PLP is taking to court so we don't need to consider any further steps. We challenged those five voters. In the case of four of them, we have very good evidence that they had no entitlement whatsoever to vote," said Ingraham, who is also the leader of the FNM.
He later added, "The PLP can't go to court and succeed unless those five persons also show up to court. They have to come themselves and we call upon them to come and take that Bible in their hand and swear an oath [indicating] their qualifications to vote in Elizabeth, then be cross-examined by the FNM team of lawyers."
Ingraham added that each of the five candidates in the election would also have the option to question each one of the protested voters and cross-examine them.
"At the end of the day, the court will make a decision. If these persons turn out to be persons that committed perjury or who lied, then there are laws to deal with that," he warned.
"So each of these persons will have to make their own decision on what they want to do. Let go, let be or expose yourself to the other place," said Ingraham, making a clear reference to Her Majesty's Prison.
"In the other place, you go there by yourself, no one goes with you. It's a very lonely place to be."
In addition to protesting five of the votes, the FNM also challenged a number of votes for various reasons. The votes of people who were challenged were counted in the final tally. The PLP also challenged a number of votes.
Asked yesterday how many votes the FNM challenged, Ingraham said that would be revealed in "phase three" of the Election Court challenge.
"Quite a few people were challenged — many people voted who do not live in Elizabeth. We never believed that there were [nearly] 5,000 people eligible to vote in Elizabeth," Ingraham said.
"The register said 4,943. We never believed that. In the last election [nearly 4,000] persons voted. We don't believe that the constituency has many more than that today."
He said the FNM found numerous empty apartments where no one lives.
Given that, Ingraham said voter turnout was probably around 75 percent.
Throughout the news conference, Sands was referred to as the member of Parliament-elect for the Elizabeth constituency. He also referred to himself that way.
"The results from the February 16th poll declared Dr. Duane Sands of the FNM the winner of the poll and hence the Elizabeth constituency MP-elect," said Ingraham.
"We are confident that once that process (if it is in fact undertaken) is completed that Dr. Duane Sands will once again be declared the winner of the February 16th poll. We will ensure that the intentions of the majority of those eligible to vote in the Elizabeth by-election are honored and upheld."
Ingraham added that the people of Elizabeth are entitled to and deserve full representation in the House of Assembly.
Unnecessary delays in the certification processes fail to honor both the spirit and the rules of our democratic traditions. The voice of Elizabeth must and will be fully heard in Parliament as soon as possible.
"In short, it is only a matter of time before Dr. Sands is certified as the member of Parliament for Elizabeth," Ingraham said. "He and the FNM won the election fair and square."
Sands, who briefly addressed supporters, said he is proud to be the member-elect for Elizabeth.
He thanked his supporters yesterday, and pledged to serve all the people in the constituency with the same passion that he brought to the campaign.
Sands said after the election results are certified, he would look forward for other opportunities to thank the people of Elizabeth.
Ingraham urged all FNM supporters to remain patient and calm. He told them to conduct themselves with dignity and good cheer as the rule of law is followed.
"Do not be provoked," he cautioned, adding that the FNM will remain focused throughout the next stages of this process.
"Finally, I urge all of those in political office and those engaged in party politics to refrain from any actions or irresponsible and intemperate language which may inflame passions," said the FNM leader.
"Our democracy has the procedures, rules and laws necessary to properly adjudicate the electoral matter at hand."
Februray 22, 2010
thenassauguardian
Many people voted illegally in the Elizabeth by-election last Tuesday, according to Prime Minister Hubert Ingraham, who indicated yesterday that the Free National Movement would wage an all-out war to secure victory, and fully expects to win the looming Election Court challenge.
"...We were also surprised by a number of persons who voted who shouldn't have voted," said Ingraham during a press conference yesterday at the FNM headquarters on Mackey Street.
"We didn't have sufficient information on that day (by-election day) to challenge them. We challenged many of them, however; and should the matter go to the Election Court, we believe that there are large numbers of persons whose votes would be liable to be declared void."
The Progressive Liberal Party (PLP) is preparing to mount an Election Court challenge after a two-day recount ended with its candidate, Ryan Pinder, receiving 1,499 votes to the 1,501 votes that FNM candidate Dr. Duane Sands received.
Pinder also got five protest votes that could still impact the outcome of the election.
Protest votes are those votes that were cast on a colored ballot paper because the presiding officer was not satisfied as to the identity of the voter or as to his entitlement to vote because of a defect in the voter's card; an incorrect entry in the register; or the voter had a voter's card but his name did not appear in the register for the constituency or the particular polling division.
Although the person is still allowed to vote, it is not counted, but if the protest votes could materially affect the outcome of an election, a court may make a final determination.
PLP trustee and attorney Valentine Grimes pointed out last week that if the protest votes are added to Pinder's tally after the election challenge, Pinder would have a total of 1,504 votes as compared to Sands' 1,501 votes, and therefore would be declared the winner.
However, Ingraham said the FNM is not worried about those protest votes.
He also claimed that corruption and voter fraud were high in the Elizabeth constituency.
"I wouldn't dare burden my supporters with what I know," he said.
Ingraham hinted that the FNM has developed a three-pronged plan to ensure that it secures a victory.
"The FNM expects to win what the PLP is taking to court so we don't need to consider any further steps. We challenged those five voters. In the case of four of them, we have very good evidence that they had no entitlement whatsoever to vote," said Ingraham, who is also the leader of the FNM.
He later added, "The PLP can't go to court and succeed unless those five persons also show up to court. They have to come themselves and we call upon them to come and take that Bible in their hand and swear an oath [indicating] their qualifications to vote in Elizabeth, then be cross-examined by the FNM team of lawyers."
Ingraham added that each of the five candidates in the election would also have the option to question each one of the protested voters and cross-examine them.
"At the end of the day, the court will make a decision. If these persons turn out to be persons that committed perjury or who lied, then there are laws to deal with that," he warned.
"So each of these persons will have to make their own decision on what they want to do. Let go, let be or expose yourself to the other place," said Ingraham, making a clear reference to Her Majesty's Prison.
"In the other place, you go there by yourself, no one goes with you. It's a very lonely place to be."
In addition to protesting five of the votes, the FNM also challenged a number of votes for various reasons. The votes of people who were challenged were counted in the final tally. The PLP also challenged a number of votes.
Asked yesterday how many votes the FNM challenged, Ingraham said that would be revealed in "phase three" of the Election Court challenge.
"Quite a few people were challenged — many people voted who do not live in Elizabeth. We never believed that there were [nearly] 5,000 people eligible to vote in Elizabeth," Ingraham said.
"The register said 4,943. We never believed that. In the last election [nearly 4,000] persons voted. We don't believe that the constituency has many more than that today."
He said the FNM found numerous empty apartments where no one lives.
Given that, Ingraham said voter turnout was probably around 75 percent.
Throughout the news conference, Sands was referred to as the member of Parliament-elect for the Elizabeth constituency. He also referred to himself that way.
"The results from the February 16th poll declared Dr. Duane Sands of the FNM the winner of the poll and hence the Elizabeth constituency MP-elect," said Ingraham.
"We are confident that once that process (if it is in fact undertaken) is completed that Dr. Duane Sands will once again be declared the winner of the February 16th poll. We will ensure that the intentions of the majority of those eligible to vote in the Elizabeth by-election are honored and upheld."
Ingraham added that the people of Elizabeth are entitled to and deserve full representation in the House of Assembly.
Unnecessary delays in the certification processes fail to honor both the spirit and the rules of our democratic traditions. The voice of Elizabeth must and will be fully heard in Parliament as soon as possible.
"In short, it is only a matter of time before Dr. Sands is certified as the member of Parliament for Elizabeth," Ingraham said. "He and the FNM won the election fair and square."
Sands, who briefly addressed supporters, said he is proud to be the member-elect for Elizabeth.
He thanked his supporters yesterday, and pledged to serve all the people in the constituency with the same passion that he brought to the campaign.
Sands said after the election results are certified, he would look forward for other opportunities to thank the people of Elizabeth.
Ingraham urged all FNM supporters to remain patient and calm. He told them to conduct themselves with dignity and good cheer as the rule of law is followed.
"Do not be provoked," he cautioned, adding that the FNM will remain focused throughout the next stages of this process.
"Finally, I urge all of those in political office and those engaged in party politics to refrain from any actions or irresponsible and intemperate language which may inflame passions," said the FNM leader.
"Our democracy has the procedures, rules and laws necessary to properly adjudicate the electoral matter at hand."
Februray 22, 2010
thenassauguardian
Sunday, February 21, 2010
Dr. Duane Sands Dissatisfied With Elizabeth by-election Results
BY KENDENO N. KNOWLES:
He was declared the unofficial winner of the much anticipated and hotly contested Elizabeth by-election, but Free National Movement (FNM) candidate Dr. Duane Sands only won the election by one point – almost 300 votes less than Prime Minister Hubert Ingraham had previously predicted.
Dr. Sands admitted last night that he was not too happy with the way things went at the polls.
Slightly disappointed with the close finish at the polls, the FNM candidate said the results have left him with a bit of uncertainty.
"It is not the type of feeling that I would have hoped to have had at this point. I imagine that [Progressive Liberal Party (PLP) candidate] Ryan Pinder is feeling similarly and that is almost unsure of what [Wednesday] is going to bring," Dr. Sands said.
While uncertainty looms about who the official winner is up to this point, Dr. Sands said he feels that he is more or less in a better position that Mr. Pinder.
"I prefer, however, to be in a position where I am one point up as opposed to one point down. But to be quite honest with you this is not going to be the jubilant night that we all expected," he said.
The exhausting campaign trail took the FNM candidate from door-to-door in the Elizabeth constituency and even to the houses of those that did not support him.
Even with that, Dr. Sands said he never doubted his success at the polls.
"I never doubted that I would win this election, but, we always gave the voters the respect that they deserved and you can see that one vote made all the difference," he said.
The ballots are scheduled to be recounted today and there is a possibility that Mr. Pinder might be declared the official winner.
If he loses, Dr. Sands said he would focus his energy on running in the 2012 General Election.
"If I do not win it’ll be over at this point, but now we [will have to] get on with the business of taking care of the people’s needs in Elizabeth," he said.
"If I don’t win I will be back practicing medicine and will return to seek the seat in Elizabeth in the 2012 election."
Dr. Sands could not say whether he would reapply for the many government and private positions he resigned from in order to pursue a political career.
Meanwhile National Development Party (NDP) candidate Dr. Andre Rollins – whose performance at the polls rivaled the performance of the other third parties – pointed out that while the PLP and FNM may have been successful at the polls, there was a poor voter turnout.
That is something Dr. Rollins said shows how fed-up the people of Elizabeth and around the country really are with both parties’ performance.
"I think that the poor voter turnout is evidence that many Bahamians are displeased with what is in fact the state of the nation. I think that many persons stayed home despite the excitement that we feel was being generated on a national level," he said.
"By virtue of the poor voter turnout, I believe it implies that persons were not sufficiently motivated or stimulated enough by either of the mainstream political parties."
Dr. Rollins said a look at the votes garnered by the third parties would reveal that all three of the parties made an impact on this election.
February 17th, 2010
jonesbahamas
He was declared the unofficial winner of the much anticipated and hotly contested Elizabeth by-election, but Free National Movement (FNM) candidate Dr. Duane Sands only won the election by one point – almost 300 votes less than Prime Minister Hubert Ingraham had previously predicted.
Dr. Sands admitted last night that he was not too happy with the way things went at the polls.
Slightly disappointed with the close finish at the polls, the FNM candidate said the results have left him with a bit of uncertainty.
"It is not the type of feeling that I would have hoped to have had at this point. I imagine that [Progressive Liberal Party (PLP) candidate] Ryan Pinder is feeling similarly and that is almost unsure of what [Wednesday] is going to bring," Dr. Sands said.
While uncertainty looms about who the official winner is up to this point, Dr. Sands said he feels that he is more or less in a better position that Mr. Pinder.
"I prefer, however, to be in a position where I am one point up as opposed to one point down. But to be quite honest with you this is not going to be the jubilant night that we all expected," he said.
The exhausting campaign trail took the FNM candidate from door-to-door in the Elizabeth constituency and even to the houses of those that did not support him.
Even with that, Dr. Sands said he never doubted his success at the polls.
"I never doubted that I would win this election, but, we always gave the voters the respect that they deserved and you can see that one vote made all the difference," he said.
The ballots are scheduled to be recounted today and there is a possibility that Mr. Pinder might be declared the official winner.
If he loses, Dr. Sands said he would focus his energy on running in the 2012 General Election.
"If I do not win it’ll be over at this point, but now we [will have to] get on with the business of taking care of the people’s needs in Elizabeth," he said.
"If I don’t win I will be back practicing medicine and will return to seek the seat in Elizabeth in the 2012 election."
Dr. Sands could not say whether he would reapply for the many government and private positions he resigned from in order to pursue a political career.
Meanwhile National Development Party (NDP) candidate Dr. Andre Rollins – whose performance at the polls rivaled the performance of the other third parties – pointed out that while the PLP and FNM may have been successful at the polls, there was a poor voter turnout.
That is something Dr. Rollins said shows how fed-up the people of Elizabeth and around the country really are with both parties’ performance.
"I think that the poor voter turnout is evidence that many Bahamians are displeased with what is in fact the state of the nation. I think that many persons stayed home despite the excitement that we feel was being generated on a national level," he said.
"By virtue of the poor voter turnout, I believe it implies that persons were not sufficiently motivated or stimulated enough by either of the mainstream political parties."
Dr. Rollins said a look at the votes garnered by the third parties would reveal that all three of the parties made an impact on this election.
February 17th, 2010
jonesbahamas
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