thenassauguardian
PM: Christie ‘unmanly’
As Parliamentary Commissioner Errol Bethel focuses his attention on the creation of a new voters register, he has become the center of a growing firestorm, with Prime Minister Hubert Ingraham last night calling Opposition Leader Perry Christie ‘cowardly’ and unmanly’ for the Progressive Liberal Party’s recent ‘attack’ on Bethel.
The Free National Movement’s statement quoting Ingraham — who is in Barbados to attend the state funeral of the late Prime Minister David Thompson — came nearly one month after the PLP said it noted with ‘great alarm’ that the government was retaining the services of ‘discredited’ Errol Bethel as parliamentary commissioner.
The PLP said, “The Election Court criticized the parliamentary commissioner in the Pinewood case, where it was found that the egregious errors in the register threatened the ‘integrity of the electoral process’ and ‘the fundamental basis of our parliamentary democracy’.
“The scathing criticism in the Pinewood case was sufficient in our view to (at the very least) cause the parliamentary commissioner to be transferred to another post. Most recently the same parliamentary commissioner was criticized by the Election Court in the Elizabeth case.”
But the FNM statement said, “The PLP’s latest attack on the integrity of the parliamentary registrar is the latest gimmick by a desperate and frustrated party. Despite their attempts to disguise their massive incompetence in office and reckless irresponsibility in opposition, the facts speak louder than the PLP’s empty words. “
Prime Minister Ingraham noted that though issued in the name of the PLP, Christie had to accept full responsibility for the ‘distortions’ in the release.
In its release, the PLP said, “We agree that the fairness of the electoral process and our democracy is under threat.
“But despite this the FNM intends to retain Mr. Bethel. We believe that the holder of the office of parliamentary commissioner should be beyond reproach and also beyond the appearance of reproach. Unfortunately, despite the statements of the Election Court and the admissions of Mr. Bethel, the FNM doggedly intends to retain Mr. Bethel in the same way the prime minister refused to accept the resignation of the minister of the environment (Earl Deveaux).
“The current parliamentary commissioner should be transferred, in the public interest, and a new and competent parliamentary commissioner appointed so as to ensure the integrity of the registration process and of the register.”
But in the FNM’s statement, the prime minister observed that Bethel was first appointed to the Parliamentary Registration Department under a PLP administration.
Bethel held the position of parliamentary commissioner in 1997 when the FNM was re-elected to office, in 2002 when the PLP was elected, and remained in the post during the 2007 general election, when the FNM was re-elected.
Ingraham emphasized that the PLP had no prior objections to Mr. Bethel. He noted that the PLP had not sought to replace Bethel ahead of the 2007 general election, which was organized and run on its watch.
According to the FNM’s statement, “Ingraham lamented that it was cowardly and unmanly for Mr. Christie to attempt to shift blame for his inaction, laziness and failures in office to a dedicated public servant.
“It was Mr. Christie who was solely responsible for disregarding and ignoring the constitutional requirements regarding the timely appointment of the Boundaries Commission.
“It was Mr. Christie and his party who were late again in redrawing constituency boundaries. It was Mr. Christie and the PLP who were late in presenting the Commission’s report to Parliament.”
The FNM statement said the reality is that in a 15 year period during which three general elections were held, the only time that confusion developed with the parliamentary registrar was on Christie’s watch.
Still, the PLP continues to blame Bethel for the confusion in the preparation of the 2007 parliamentary register, it added.
“The prime minister reminds Mr. Christie, who should know better, that the parliamentary commissioner has no ability to influence the timing of the appointment of the Boundaries [Commission] or the redrawing of the boundaries or the Commission’s report to Parliament,” the FNM said.
Ingraham reiterated his confidence in the commissioner and his staff.
The prime minister said that if the PLP believes it left a clean parliamentary register in place in 2007, the FNM would be happy to hold new elections on the existing register.
11/3/2010
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 Errol Bethel. Show all posts
Showing posts with label Errol Bethel. Show all posts
Wednesday, November 3, 2010
Wednesday, June 23, 2010
Election court lawyers want $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands
Election court lawyers want $400,000
By JUAN MCCARTNEY ~ Guardian Senior Reporter ~ juan@nasguard.com:
An already cash-strapped Public Treasury will be asked to cough up hundreds of thousands of dollars, as the attorneys who represented Progressive Liberal Party Member of Parliament Ryan Pinder in the Elizabeth Election Court challenge earlier this year will ask for more than $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands.
The court costs will be comprised of a $357,000 bill for the actual court proceedings, and a $28,700 bill for services rendered involving Sands' unsuccessful bid to have Pinder's Election Court petition thrown out before the actual proceedings began, according to Wayne Munroe, one of the attorneys who represented Pinder.
On March 23 Election Court Senior Justices Anita Allen and John Isaacs ruled Pinder the winner of the challenge and ordered Bethel to pay 75 percent of Pinder's costs, with Sands responsible for the remaining 25 percent.
Pinder's lead counsel was Philip Brave Davis. He was assisted by Munroe, Valentine Grimes and Keod Smith.
Munroe said the bill for the strike out petition has been filed for some time, but the bill for the court proceedings will be filed today - the last day Munroe has to do so without asking for an extension.
The Supreme Court Registrar will then go over the bills item by item and decide if any alterations should be made.
Sands and Bethel are now faced with a bill $100,000 higher than they could have settled for.
Munroe said that Pinder's legal team offered Bethel and Sands' respective counsels an offer to settle the strike out bill at $20,000.
He added that Bethel and Sands' were also offered to settle the court proceedings at $275,000 but refused both offers.
Elizabeth Returning Officer (and Director of Immigration) Jack Thompson was also named as a respondent in the by-election court challenge, but was not ordered to pay costs.
The February 16 by-election ended with Sands receiving 1,501 votes to Pinder's 1,499 votes. However on March 23 the Election Court ruled that 5 protest votes cast in favor of Pinder should be counted, pushing Pinder's total to 1,504 votes, making him the winner of the seat.
Bethel was blasted in the justices' ruling, where it was said that he failed to protect the integrity of the Elizabeth register.
And as the PLP MP's legal team prepares to collect on Election Court costs, an FNM MP's legal counsel was still awaiting payment of his hefty bill up to a few weeks ago.
The Guardian understands that Fred Smith, who represented Marco City MP Zhivargo Laing in his successful challenge against former MP Pleasant Bridgewater, had still not received payment on his $1 million bill.
June 23, 2010
thenassauguardian
By JUAN MCCARTNEY ~ Guardian Senior Reporter ~ juan@nasguard.com:
An already cash-strapped Public Treasury will be asked to cough up hundreds of thousands of dollars, as the attorneys who represented Progressive Liberal Party Member of Parliament Ryan Pinder in the Elizabeth Election Court challenge earlier this year will ask for more than $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands.
The court costs will be comprised of a $357,000 bill for the actual court proceedings, and a $28,700 bill for services rendered involving Sands' unsuccessful bid to have Pinder's Election Court petition thrown out before the actual proceedings began, according to Wayne Munroe, one of the attorneys who represented Pinder.
On March 23 Election Court Senior Justices Anita Allen and John Isaacs ruled Pinder the winner of the challenge and ordered Bethel to pay 75 percent of Pinder's costs, with Sands responsible for the remaining 25 percent.
Pinder's lead counsel was Philip Brave Davis. He was assisted by Munroe, Valentine Grimes and Keod Smith.
Munroe said the bill for the strike out petition has been filed for some time, but the bill for the court proceedings will be filed today - the last day Munroe has to do so without asking for an extension.
The Supreme Court Registrar will then go over the bills item by item and decide if any alterations should be made.
Sands and Bethel are now faced with a bill $100,000 higher than they could have settled for.
Munroe said that Pinder's legal team offered Bethel and Sands' respective counsels an offer to settle the strike out bill at $20,000.
He added that Bethel and Sands' were also offered to settle the court proceedings at $275,000 but refused both offers.
Elizabeth Returning Officer (and Director of Immigration) Jack Thompson was also named as a respondent in the by-election court challenge, but was not ordered to pay costs.
The February 16 by-election ended with Sands receiving 1,501 votes to Pinder's 1,499 votes. However on March 23 the Election Court ruled that 5 protest votes cast in favor of Pinder should be counted, pushing Pinder's total to 1,504 votes, making him the winner of the seat.
Bethel was blasted in the justices' ruling, where it was said that he failed to protect the integrity of the Elizabeth register.
And as the PLP MP's legal team prepares to collect on Election Court costs, an FNM MP's legal counsel was still awaiting payment of his hefty bill up to a few weeks ago.
The Guardian understands that Fred Smith, who represented Marco City MP Zhivargo Laing in his successful challenge against former MP Pleasant Bridgewater, had still not received payment on his $1 million bill.
June 23, 2010
thenassauguardian
Thursday, March 25, 2010
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
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
Tuesday, March 16, 2010
Election Court Bahamas: Court hears that three protest voters did not live in Elizabeth
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
The names of three of the five people who voted on protest ballots in favor of Progressive Liberal Party candidate Ryan Pinder on February 16 are not on the Elizabeth register, according to evidence given by Parliamentary Commissioner Errol Bethel yesterday.
Bethel told the Election Court that voters A, D, and F — as they are referred to in court to protect their identities — were registered in neighboring constituencies.
Voters D and F are registered in Yamacraw, while voter A is registered in Fox Hill, according to Bethel, who took the stand for the second day yesterday.
Pinder wants the court to rule that the five protest votes cast in his favor are valid. If at least three of those votes are approved, he would be declared the winner of the election.
During cross-examination by attorney Milton Evans, who represents Free National Movement candidate Dr. Duane Sands, Bethel said the voters were placed on the various registers because of the information provided by them about their addresses.
He said it was not a mistake that they were registered in those constituencies. Rather, Bethel said it was a conscious decision.
He added that before the 2007 boundary change, voter A was in the Elizabeth constituency. However, Bethel said when the boundaries were cut during the run-up to the general election, the voter was transferred to the Fox Hill constituency.
He estimated that the boundary change affected tens of thousands of people.
The parliamentary commissioner also said he would not be surprised if there were other voters holding voter's cards for the wrong constituency.
Senior Justices Anita Allen and Jon Isaacs, who are presiding over the case, asked whether the parliamentary commissioner attempted to clean up the register since the last general election.
Allen noted that more than two years have passed since the general election and wondered whether the parliamentary commissioner would have an obligation to fix the register.
However, Bethel said changes are only made when voters initiate the process. He said when voters move, it is their obligation to notify the Parliamentary Registration Department.
After Bethel left the stand, voters E, C, and F testified briefly.
When questioned by Pinder's lead counsel Philip Brave Davis, voters E and C told the court that the affidavits that they signed were true and correct.
Voter F told the court that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. However, she could not recall which constituency she voted in.
She noted that her current voter's card places her in the Yamacraw constituency but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. She admitted, however, that she never notified the Parliamentary Registration Department about the move and therefore was never transferred to another constituency.
The voter, who did not have her voter's card yesterday, is expected to return today to continue her testimony.
Voter A's husband also testified yesterday.
He told the court that he and his wife have lived on South Barren Road in the Elizabeth constituency since 2006.
He said when his wife received her voter's card in April 2007, she noticed that she was registered in the Fox Hill constituency. The man said when she realized that, she went to the Parliamentary Registration Department to have it changed to Elizabeth. Voter A's husband said his wife eventually got the card corrected and subsequently voted in Elizabeth during the 2007 general election.
Under cross-examination, voter A's husband said he and his wife often visit his mother's house, which is in the Yamacraw constituency. He said sometimes they stay there for as long as a month. He said his mother is a cancer patient and they go there to help her out. He denied that he rents an apartment in the Yamacraw constituency.
Voter's A adopted father also offered similar testimony. He said voter A lives with him and about 45 other people in the Elizabeth constituency. He explained that they run a charity that assists the homeless.
He said both he and voter A met Pinder and Sands while they were campaigning in the days before the by-election.
Returning Officer Jack Thompson also took the stand briefly yesterday.
He confirmed that there were six protest votes — five for Pinder and one for Bahamas Democratic Movement candidate Cassius Stuart.
The Elizabeth by-election ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.
Pinder is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.
Tuesday March 16, 2010
thenassauguardian
The names of three of the five people who voted on protest ballots in favor of Progressive Liberal Party candidate Ryan Pinder on February 16 are not on the Elizabeth register, according to evidence given by Parliamentary Commissioner Errol Bethel yesterday.
Bethel told the Election Court that voters A, D, and F — as they are referred to in court to protect their identities — were registered in neighboring constituencies.
Voters D and F are registered in Yamacraw, while voter A is registered in Fox Hill, according to Bethel, who took the stand for the second day yesterday.
Pinder wants the court to rule that the five protest votes cast in his favor are valid. If at least three of those votes are approved, he would be declared the winner of the election.
During cross-examination by attorney Milton Evans, who represents Free National Movement candidate Dr. Duane Sands, Bethel said the voters were placed on the various registers because of the information provided by them about their addresses.
He said it was not a mistake that they were registered in those constituencies. Rather, Bethel said it was a conscious decision.
He added that before the 2007 boundary change, voter A was in the Elizabeth constituency. However, Bethel said when the boundaries were cut during the run-up to the general election, the voter was transferred to the Fox Hill constituency.
He estimated that the boundary change affected tens of thousands of people.
The parliamentary commissioner also said he would not be surprised if there were other voters holding voter's cards for the wrong constituency.
Senior Justices Anita Allen and Jon Isaacs, who are presiding over the case, asked whether the parliamentary commissioner attempted to clean up the register since the last general election.
Allen noted that more than two years have passed since the general election and wondered whether the parliamentary commissioner would have an obligation to fix the register.
However, Bethel said changes are only made when voters initiate the process. He said when voters move, it is their obligation to notify the Parliamentary Registration Department.
After Bethel left the stand, voters E, C, and F testified briefly.
When questioned by Pinder's lead counsel Philip Brave Davis, voters E and C told the court that the affidavits that they signed were true and correct.
Voter F told the court that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. However, she could not recall which constituency she voted in.
She noted that her current voter's card places her in the Yamacraw constituency but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. She admitted, however, that she never notified the Parliamentary Registration Department about the move and therefore was never transferred to another constituency.
The voter, who did not have her voter's card yesterday, is expected to return today to continue her testimony.
Voter A's husband also testified yesterday.
He told the court that he and his wife have lived on South Barren Road in the Elizabeth constituency since 2006.
He said when his wife received her voter's card in April 2007, she noticed that she was registered in the Fox Hill constituency. The man said when she realized that, she went to the Parliamentary Registration Department to have it changed to Elizabeth. Voter A's husband said his wife eventually got the card corrected and subsequently voted in Elizabeth during the 2007 general election.
Under cross-examination, voter A's husband said he and his wife often visit his mother's house, which is in the Yamacraw constituency. He said sometimes they stay there for as long as a month. He said his mother is a cancer patient and they go there to help her out. He denied that he rents an apartment in the Yamacraw constituency.
Voter's A adopted father also offered similar testimony. He said voter A lives with him and about 45 other people in the Elizabeth constituency. He explained that they run a charity that assists the homeless.
He said both he and voter A met Pinder and Sands while they were campaigning in the days before the by-election.
Returning Officer Jack Thompson also took the stand briefly yesterday.
He confirmed that there were six protest votes — five for Pinder and one for Bahamas Democratic Movement candidate Cassius Stuart.
The Elizabeth by-election ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.
Pinder is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.
Tuesday March 16, 2010
thenassauguardian
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
Saturday, February 6, 2010
The Governing Free National Movement (FNM) documents voter 'errors' in forensic scrutiny of the Elizabeth voter register
By CANDIA DAMES ~ Guardian News Editor ~ candia@nasguard.com:
The errors on the Elizabeth voter register discovered by the Free National Movement during its forensic scrutiny are numerous, according to Prime Minister Hubert Ingraham.
In one instance, as documented by the party, the FNM discovered that one of the people registered to vote in the February 16 by-election moved out of the area years ago, and only returned two months ago after he and his wife separated.
He reportedly moved back in with his mother. The law requires voters to be ordinarily resident in a constituency for at least six months in order to vote.
The man's brother is also said to be registered, but he does not live in the constituency.
Another voter, the scrutiny shows, lives on the eastern side of Commonwealth Boulevard. While he lives in Elizabeth Estates, he is in the Yamacraw constituency.
These cases, according to senior FNM officials, can be replicated many times over, contaminating the voter register.
But Ingraham said his party and the government are determined to ensure the highly anticipated election is both free and fair.
"We are forensically going through the register and anyone who we have any questions about, we are seeking to contact them, to locate them, to obtain as much information as we can," he told The Nassau Guardian during an exclusive interview in his downtown office yesterday. "We've been doing this for a little while and we've been doing a very good job. I want to thank the people who are doing this for us. This is a political operation, so others may be shouting from the rooftop. We will be rejoicing on the 16th."
Ingraham said there is no higher duty for a prime minister to perform than to protect the country's democracy, to protect the sanctity and the ability of the people of The Bahamas to choose their government in a free and fair election and to have a register of voters that is as accurate as is humanly possible.
Since the 1992 election, the parliamentary commissioner has been required to make available to all candidates and political parties the register of voters for any constituency. The object of this is for parties and candidates to go through the register as it is being compiled to see whether they detect any errors or omissions in the register.
"I recall very vividly in 1992 I discovered that the register for one of my polling divisions, Grand Cay, had a number of names on it of persons I knew did not live there," Ingraham said.
"That was an innocent mistake, but the reality is that somebody had to check it to verify it...That is what we are doing with Elizabeth today.
"That is what we would have done for constituencies before now. We have discovered a number of errors and we are making them known to the registrar. We've discovered people who do not live in the constituency who show up on the register for the Elizabeth constituency. We've made that list available to the [parliamentary commissioner] and we are continuing the exercise, so that to the best of our ability we are able to identify and provide the [parliamentary commissioner] with any information we have about who is in the wrong polling division, who we have verified no longer live in the constituency or who've been able to show never did reside in the constituency, but who were included on the register of 2007."
Ingraham said the Free National Movement would likely make a statement on what it found during its scrutiny of the register.
He said that in 2007, former Prime Minister Perry Christie "fumbled and dropped" the ball, and failed to ensure the integrity of the general voter register.
"[Former Prime Minister the late Sir Lynden Pindling] had an election in 1992 with a clear register. I did so in 1997 and again in 2002. He (Christie) neglected to do his job," Ingraham charged.
"It is not possible for you to produce a register when you've changed the boundaries in a constituency at the time Mr. Christie did and expect to have a reasonably accurate register.
"No prime minister will call a general election without asking the parliamentary commissioner 'Is the register in order? Is it ready? What time do you need to get it in order?' so he could factor that in before he calls an election, but you must recall that Mr. Christie called an election on May 2, 2007.
"Mr. Bradley Roberts, the chairman of the PLP, was in Marsh Harbour, Abaco, swearing in Haitian nationals to become citizens of The Bahamas with them going to the commissioner's office on the same day, with them being registered to vote in the 2007 election because clearly he could not have known that Mr. Christie was going to dissolve the [Parliament and] those persons were unable to vote."
The Guardian asked Roberts yesterday to respond to this statement from the prime minister. Roberts said he recalled that at the time in question he was in Abaco on Ministry of Works business as he was minister at the time.
He said he recalls three people who needed to be sworn in — an American, a Haitian and a European — because their original swearing-in process had been "screwed up". He denied Ingraham's suggestion about what the motive for the swearing in of those nationals was.
Ingraham said yesterday, "Whatever is wrong with the register, Mr. Christie is responsible. I will never have an election called by me in The Bahamas where we're not satisfied that the register is in proper order. That's my duty to ensure that the people of The Bahamas' right to vote is never compromised as a result of negligence or carelessness or incompetence."
Ingraham noted that the Boundaries Commission reported on March 26, 2007 and the general election was called for May 2, 2007.
"It was not possible with the best of intentions to have an appropriate, accurate register in that short period of time," he said.
Parliamentary Commissioner Errol Bethel is scheduled to certify the Elizabeth register today, but candidates could still lodge any complaints about alleged voter fraud they may have.
February 05, 2010
thenassauguardian
The errors on the Elizabeth voter register discovered by the Free National Movement during its forensic scrutiny are numerous, according to Prime Minister Hubert Ingraham.
In one instance, as documented by the party, the FNM discovered that one of the people registered to vote in the February 16 by-election moved out of the area years ago, and only returned two months ago after he and his wife separated.
He reportedly moved back in with his mother. The law requires voters to be ordinarily resident in a constituency for at least six months in order to vote.
The man's brother is also said to be registered, but he does not live in the constituency.
Another voter, the scrutiny shows, lives on the eastern side of Commonwealth Boulevard. While he lives in Elizabeth Estates, he is in the Yamacraw constituency.
These cases, according to senior FNM officials, can be replicated many times over, contaminating the voter register.
But Ingraham said his party and the government are determined to ensure the highly anticipated election is both free and fair.
"We are forensically going through the register and anyone who we have any questions about, we are seeking to contact them, to locate them, to obtain as much information as we can," he told The Nassau Guardian during an exclusive interview in his downtown office yesterday. "We've been doing this for a little while and we've been doing a very good job. I want to thank the people who are doing this for us. This is a political operation, so others may be shouting from the rooftop. We will be rejoicing on the 16th."
Ingraham said there is no higher duty for a prime minister to perform than to protect the country's democracy, to protect the sanctity and the ability of the people of The Bahamas to choose their government in a free and fair election and to have a register of voters that is as accurate as is humanly possible.
Since the 1992 election, the parliamentary commissioner has been required to make available to all candidates and political parties the register of voters for any constituency. The object of this is for parties and candidates to go through the register as it is being compiled to see whether they detect any errors or omissions in the register.
"I recall very vividly in 1992 I discovered that the register for one of my polling divisions, Grand Cay, had a number of names on it of persons I knew did not live there," Ingraham said.
"That was an innocent mistake, but the reality is that somebody had to check it to verify it...That is what we are doing with Elizabeth today.
"That is what we would have done for constituencies before now. We have discovered a number of errors and we are making them known to the registrar. We've discovered people who do not live in the constituency who show up on the register for the Elizabeth constituency. We've made that list available to the [parliamentary commissioner] and we are continuing the exercise, so that to the best of our ability we are able to identify and provide the [parliamentary commissioner] with any information we have about who is in the wrong polling division, who we have verified no longer live in the constituency or who've been able to show never did reside in the constituency, but who were included on the register of 2007."
Ingraham said the Free National Movement would likely make a statement on what it found during its scrutiny of the register.
He said that in 2007, former Prime Minister Perry Christie "fumbled and dropped" the ball, and failed to ensure the integrity of the general voter register.
"[Former Prime Minister the late Sir Lynden Pindling] had an election in 1992 with a clear register. I did so in 1997 and again in 2002. He (Christie) neglected to do his job," Ingraham charged.
"It is not possible for you to produce a register when you've changed the boundaries in a constituency at the time Mr. Christie did and expect to have a reasonably accurate register.
"No prime minister will call a general election without asking the parliamentary commissioner 'Is the register in order? Is it ready? What time do you need to get it in order?' so he could factor that in before he calls an election, but you must recall that Mr. Christie called an election on May 2, 2007.
"Mr. Bradley Roberts, the chairman of the PLP, was in Marsh Harbour, Abaco, swearing in Haitian nationals to become citizens of The Bahamas with them going to the commissioner's office on the same day, with them being registered to vote in the 2007 election because clearly he could not have known that Mr. Christie was going to dissolve the [Parliament and] those persons were unable to vote."
The Guardian asked Roberts yesterday to respond to this statement from the prime minister. Roberts said he recalled that at the time in question he was in Abaco on Ministry of Works business as he was minister at the time.
He said he recalls three people who needed to be sworn in — an American, a Haitian and a European — because their original swearing-in process had been "screwed up". He denied Ingraham's suggestion about what the motive for the swearing in of those nationals was.
Ingraham said yesterday, "Whatever is wrong with the register, Mr. Christie is responsible. I will never have an election called by me in The Bahamas where we're not satisfied that the register is in proper order. That's my duty to ensure that the people of The Bahamas' right to vote is never compromised as a result of negligence or carelessness or incompetence."
Ingraham noted that the Boundaries Commission reported on March 26, 2007 and the general election was called for May 2, 2007.
"It was not possible with the best of intentions to have an appropriate, accurate register in that short period of time," he said.
Parliamentary Commissioner Errol Bethel is scheduled to certify the Elizabeth register today, but candidates could still lodge any complaints about alleged voter fraud they may have.
February 05, 2010
thenassauguardian
Friday, February 5, 2010
Godfrey 'Pro' Pinder of the United Christian Love Revolution Movement sues over rejected nomination attempt
By Juan Mccartney ~ Guardian Senior Reporter ~ juan@nasguard.com:
Attorney Godfrey 'Pro' Pinder is refusing to give up his quest to take part in the Elizabeth by-election, or at least be acknowledged as a candidate.
On Wednesday, Pinder - who had planned to run on the United Christian Love Revolution Movement ticket - filed suit in the Supreme Court asking the court to overturn the January 29 rejection of his attempted nomination by returning officer Jack Thompson.
Pinder has appealed on 16 grounds.
This means that the rejection has been suspended and will be challenged after the by-election on February 16.
In the appeal obtained by The Nassau Guardian, Pinder details the happenings on nomination day that led to his nomination being rejected.
Last Friday, Pinder showed up to nominate two minutes before noon, which is when nominations would have closed. After already being late, Pinder paid the mandatory $400 deposit fee to nominate for the election with a personal check.
However, the government requires that deposits be paid with a bank-certified check or with cash.
Thompson therefore rejected the nomination.
Among the grounds of Pinder's appeal are that the nomination rules do not specify the particulars of the payment amount in terms of the currency in which the payment should be made; that the practice of charging $400 as a deposit for nominees is discriminatory toward the poor; that the true nature of the payment type was not properly outlined on the nomination form; that Thompson was on a "frolic of his own and acted with bias" and out of self interests; and that Thompson and possibly other respondents named in the suit acted contrary to the Parliamentary Elections Act.
Pinder also claims to have taken a Scotiabank-certified check to the office of Parliamentary Commissioner Errol Bethel on the same day that his nomination was rejected, only to allegedly have Bethel turn him away saying, "I cannot accept that."
In the appeal, Pinder also claims Thompson failed to first state the facts and grounds for his decision to reject Pinder's nomination before endorsing the rejection letter.
Pinder is also requesting that Progressive Liberal Party candidate Ryan Pinder's citizenship records be subpoenaed and entered into evidence. Pinder claims that Ryan Pinder holds both United States and Bahamian citizenship.
Up to press time yesterday, Bethel said he had yet to receive notice of the appeal.
February 05, 2010
thenassauguardian
Attorney Godfrey 'Pro' Pinder is refusing to give up his quest to take part in the Elizabeth by-election, or at least be acknowledged as a candidate.
On Wednesday, Pinder - who had planned to run on the United Christian Love Revolution Movement ticket - filed suit in the Supreme Court asking the court to overturn the January 29 rejection of his attempted nomination by returning officer Jack Thompson.
Pinder has appealed on 16 grounds.
This means that the rejection has been suspended and will be challenged after the by-election on February 16.
In the appeal obtained by The Nassau Guardian, Pinder details the happenings on nomination day that led to his nomination being rejected.
Last Friday, Pinder showed up to nominate two minutes before noon, which is when nominations would have closed. After already being late, Pinder paid the mandatory $400 deposit fee to nominate for the election with a personal check.
However, the government requires that deposits be paid with a bank-certified check or with cash.
Thompson therefore rejected the nomination.
Among the grounds of Pinder's appeal are that the nomination rules do not specify the particulars of the payment amount in terms of the currency in which the payment should be made; that the practice of charging $400 as a deposit for nominees is discriminatory toward the poor; that the true nature of the payment type was not properly outlined on the nomination form; that Thompson was on a "frolic of his own and acted with bias" and out of self interests; and that Thompson and possibly other respondents named in the suit acted contrary to the Parliamentary Elections Act.
Pinder also claims to have taken a Scotiabank-certified check to the office of Parliamentary Commissioner Errol Bethel on the same day that his nomination was rejected, only to allegedly have Bethel turn him away saying, "I cannot accept that."
In the appeal, Pinder also claims Thompson failed to first state the facts and grounds for his decision to reject Pinder's nomination before endorsing the rejection letter.
Pinder is also requesting that Progressive Liberal Party candidate Ryan Pinder's citizenship records be subpoenaed and entered into evidence. Pinder claims that Ryan Pinder holds both United States and Bahamian citizenship.
Up to press time yesterday, Bethel said he had yet to receive notice of the appeal.
February 05, 2010
thenassauguardian
Tuesday, February 2, 2010
Elizabeth by-election candidates declare assets
By Juan Mccartney ~ Guardian Senior Reporter ~ juan@nasguard.com:
Two of the five men vying for the Elizabeth seat in the February 16 by-election are millionaires, while one is in arrears with at least two government agencies, according to their declarations of assets that were gazetted in yesterday's edition of The Nassau Guardian.
The wealthiest of the five candidates running is Dr. Duane Sands, who is running on the Free National Movement ticket. Dr. Sands, a heart surgeon who is chief of surgery at the Princess Margaret Hospital, declared a net worth of $6.785 million.
Dr. Sands reportedly earns $455,000 per year and has extensive real estate holdings, as well as more than $3 million in equity in his medical practice.
The second wealthiest man on the list of candidates is Bahamas Democratic Movement (BDM) leader and business consultant Cassius Stuart. His net worth is listed at around $1.16 million dollars.
Stuart claimed to have more than $500,000 in real estate holdings, and about the same in the cash value of his life insurance policy. Stuart claimed an annual income of about $140,000.
Not too far behind Stuart is Progressive Liberal Party (PLP) candidate and tax attorney Ryan Pinder.
The 34-year-old's net worth is listed at just under $750,000.
Pinder, who claimed to bring in $220,000 per year, has about $900,000 in real estate holdings, but claimed mortgages on those holdings in excess of $725,000.
National Development Party (NDP) candidate and orthodontist Dr. Andre Rollins claimed a net worth of about $142,000.
That amount should put Rollins at the bottom of the list.
However, Rollins claimed nearly $1 million in assets, but it appears that hefty mortgages are affecting his bottom line.
Rollins claimed that he brings in about $80,000 a year.
Workers party leader and taxi driver Rodney Moncur, whose net worth is reportedly $152,000, should actually place him fourth on the list.
But Moncur's assets are nowhere near those of the other candidates.
In terms of income, Moncur claimed that he brings in about $615 per year.
And unlike his counterparts, Moncur also listed the individual value of his personal property.
Among that property is a dictionary he claims is worth five hundred dollars, as well as assorted fruit trees valued at $386 dollars. Moncur also claims to be in arrears with the Bahamas Mortgage Corporation and the Bahamas Electricity Corporation (BEC) to the tune of $1,200 each.
Parliamentary Commissioner Errol Bethel said the asset declarations are necessary so as to ensure that nominees who are participating in the race disclose everything about their financial lives to the public.
"We want to make sure that the nominees who are running are people who we can look up to as honorable persons," Bethel said yesterday. "And they are required by law to make a declaration as to what their assets are when they nominate for Parliament. The important thing is that people should be honest with these declarations. That's the most important thing."
Bethel admitted yesterday that the system of disclosure is not foolproof. He said there is no mechanism in place for the Parliamentary Registration Department to find out if a person is bankrupt, which would automatically disqualify them from being a member of Parliament.
"Nobody is bankrupt as far as we're concerned," he said. "Unless the person has actually been declared bankrupt. So when the person presents himself to us, the requirement of the law is that he presents certain documents and once those documents are in order and he presents the nomination fee ($400), then he is accepted as a candidate. And once the returning officer accepts these documents, then the person stands nominated as a candidate for the election."
As far as the validity of the declaration is concerned, Bethel said, "We don't do anything to verify that."
"There is a commission of public disclosure and if anybody is to check into that, it would be that body," he said. "But definitely not us."
February 2, 2010
thenassauguardian
Two of the five men vying for the Elizabeth seat in the February 16 by-election are millionaires, while one is in arrears with at least two government agencies, according to their declarations of assets that were gazetted in yesterday's edition of The Nassau Guardian.
The wealthiest of the five candidates running is Dr. Duane Sands, who is running on the Free National Movement ticket. Dr. Sands, a heart surgeon who is chief of surgery at the Princess Margaret Hospital, declared a net worth of $6.785 million.
Dr. Sands reportedly earns $455,000 per year and has extensive real estate holdings, as well as more than $3 million in equity in his medical practice.
The second wealthiest man on the list of candidates is Bahamas Democratic Movement (BDM) leader and business consultant Cassius Stuart. His net worth is listed at around $1.16 million dollars.
Stuart claimed to have more than $500,000 in real estate holdings, and about the same in the cash value of his life insurance policy. Stuart claimed an annual income of about $140,000.
Not too far behind Stuart is Progressive Liberal Party (PLP) candidate and tax attorney Ryan Pinder.
The 34-year-old's net worth is listed at just under $750,000.
Pinder, who claimed to bring in $220,000 per year, has about $900,000 in real estate holdings, but claimed mortgages on those holdings in excess of $725,000.
National Development Party (NDP) candidate and orthodontist Dr. Andre Rollins claimed a net worth of about $142,000.
That amount should put Rollins at the bottom of the list.
However, Rollins claimed nearly $1 million in assets, but it appears that hefty mortgages are affecting his bottom line.
Rollins claimed that he brings in about $80,000 a year.
Workers party leader and taxi driver Rodney Moncur, whose net worth is reportedly $152,000, should actually place him fourth on the list.
But Moncur's assets are nowhere near those of the other candidates.
In terms of income, Moncur claimed that he brings in about $615 per year.
And unlike his counterparts, Moncur also listed the individual value of his personal property.
Among that property is a dictionary he claims is worth five hundred dollars, as well as assorted fruit trees valued at $386 dollars. Moncur also claims to be in arrears with the Bahamas Mortgage Corporation and the Bahamas Electricity Corporation (BEC) to the tune of $1,200 each.
Parliamentary Commissioner Errol Bethel said the asset declarations are necessary so as to ensure that nominees who are participating in the race disclose everything about their financial lives to the public.
"We want to make sure that the nominees who are running are people who we can look up to as honorable persons," Bethel said yesterday. "And they are required by law to make a declaration as to what their assets are when they nominate for Parliament. The important thing is that people should be honest with these declarations. That's the most important thing."
Bethel admitted yesterday that the system of disclosure is not foolproof. He said there is no mechanism in place for the Parliamentary Registration Department to find out if a person is bankrupt, which would automatically disqualify them from being a member of Parliament.
"Nobody is bankrupt as far as we're concerned," he said. "Unless the person has actually been declared bankrupt. So when the person presents himself to us, the requirement of the law is that he presents certain documents and once those documents are in order and he presents the nomination fee ($400), then he is accepted as a candidate. And once the returning officer accepts these documents, then the person stands nominated as a candidate for the election."
As far as the validity of the declaration is concerned, Bethel said, "We don't do anything to verify that."
"There is a commission of public disclosure and if anybody is to check into that, it would be that body," he said. "But definitely not us."
February 2, 2010
thenassauguardian
Monday, January 25, 2010
National Development Party (NDP) threatens legal action against the Parliamentary Registration Department over rejection of party 'thumbs up' symbol
By AVA TURNQUEST
aturnquest@tribunemedia.net:
THE NATIONAL Development Party is threatening legal action against the Parliamentary Registration Department if it continues to reject its application for its party's symbol.
According to party leaders, Parliamentary Commissioner Errol Bethel has repeatedly denied the NDP permission to register the "Thumbs Up" symbol as the party's official logo.
The "thumbs up" was first rejected in October 2008 because it was thought to be too similar to the Progressive Liberal Party's three fingered "crab" symbol and could lead to possible voter confusion.
The NDP hoped it would be able to use the symbol in the Elizabeth by-election and met with the Commissioner earlier this month anticipating that he would reconsider the party's application.
In a hand-delivered letter to the Parliamentary Commissioner on Saturday, Chairman of the NDP Executive Steering Committee Andre Rollins said that the party feels that there was "no similarity between a hand showing three fingers and a hand showing a single thumb."
"Any suggestion to the contrary indicated that the intelligence of the Bahamian voter is held in extremely low regard," he said.
Mr Rollins argued that in order to function, the political system ideally requires voters to comprehend and remain current with relevant issues; and be also knowledgeable of respective party positions on these issues.
He further stated that the critical analysis skills needed to address certain issues far surpasses competency needed to differentiate between party symbols.
"If we do not believe that voters can comprehend the various party positions on issues, are we then suggesting that we do not expect voters to vote on the issues? If we are to maximize the potential of our nation -- socially, culturally, economically and politically -- we must first raise our expectations of our people," he said.
January 25, 2010
tribune242
aturnquest@tribunemedia.net:
THE NATIONAL Development Party is threatening legal action against the Parliamentary Registration Department if it continues to reject its application for its party's symbol.
According to party leaders, Parliamentary Commissioner Errol Bethel has repeatedly denied the NDP permission to register the "Thumbs Up" symbol as the party's official logo.
The "thumbs up" was first rejected in October 2008 because it was thought to be too similar to the Progressive Liberal Party's three fingered "crab" symbol and could lead to possible voter confusion.
The NDP hoped it would be able to use the symbol in the Elizabeth by-election and met with the Commissioner earlier this month anticipating that he would reconsider the party's application.
In a hand-delivered letter to the Parliamentary Commissioner on Saturday, Chairman of the NDP Executive Steering Committee Andre Rollins said that the party feels that there was "no similarity between a hand showing three fingers and a hand showing a single thumb."
"Any suggestion to the contrary indicated that the intelligence of the Bahamian voter is held in extremely low regard," he said.
Mr Rollins argued that in order to function, the political system ideally requires voters to comprehend and remain current with relevant issues; and be also knowledgeable of respective party positions on these issues.
He further stated that the critical analysis skills needed to address certain issues far surpasses competency needed to differentiate between party symbols.
"If we do not believe that voters can comprehend the various party positions on issues, are we then suggesting that we do not expect voters to vote on the issues? If we are to maximize the potential of our nation -- socially, culturally, economically and politically -- we must first raise our expectations of our people," he said.
January 25, 2010
tribune242
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