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.
Wednesday, June 23, 2010
Election court lawyers want $400,000 from Parliamentary Commissioner Errol Bethel and defeated Free National Movement candidate Dr. Duane Sands
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 18, 2010
Philip Brave Davis - Progressive Liberal Party (PLP) lead counsel makes final submissions in Election Court
Mistakes by the Parliamentary Registration Department accounted for some of the confusion which resulted in five people casting their votes on colored ballots during the Elizabeth by-election, lead counsel for the Progressive Liberal Party (PLP) Philip Brave Davis said as he made his final submissions in Election Court yesterday.
"Unfortunately, failures in the parliamentary registration system persist", said Davis.
"And the parliamentary commissioner's failure to ensure the integrity of the registration process and as a consequence the register continues."
He continued, "What is lamentable is that the Election Court has had the occasion to point these facts out and admonished action on the part of the parliamentary commissioner.
"But alas to naught. Here we are again - [almost] three years later," Davis added, referring to the Pinewood election case which he claimed exposed "the most egregious failures in the parliamentary system."
Senior Justice Jon Isaacs interrupted Davis, pointing out that the parliamentary commissioner is "starved of resources." He added that Davis' criticisms seemed unfair. However, Senior Justice Anita Allen said the lack of resources cannot be used as an excuse in this instance.
Yesterday, Davis laid out several reasons why the Election Court should validate the five protest ballots cast in favor of PLP Elizabeth candidate Ryan Pinder.
If at least three of those votes are approved, Pinder would be declared the winner of the February 16 by-election, which ended with Dr. Duane Sands receiving 1,501 votes and Pinder receiving 1,499. If the court only accepts two of the protest votes for Pinder, a re-election would be ordered.
In the case of voter A (as she is referred to protect her identity), Davis said there is overwhelming evidence to support that she is an ordinary resident of the Elizabeth constituency, including the fact that she voted in Elizabeth during the 2007 general election.
Additionally, Davis noted that the third respondent, who is Free National Movement candidate Dr. Duane Sands, met voter A on February 13 at approximately 3 p.m. while campaigning in the area.
Davis said he expected Sands' counsels to bring up that point considering that they are trying to assist the court in the inquiry.
"I am deeply disappointed that we did not have the assistance of the third respondent," Davis said.
"There appears to be no issue as to whether [the voter] lives on Pine Barren Road," he added.
During the course of the challenge, Sands' attorneys suggested that voter A lived in another constituency.
Voter A is not on the register for the Elizabeth constituency. In her evidence she said when her voter's card was initially issued to her in 2007, it listed her address as North Pine Barren Road, which placed her in the Fox Hill constituency.
The voter said she along with her husband and others in her extended family went to the Parliamentary Registration Department some time later to rectify the mistake. She also said she got a new voter's card which listed her address as South Pine Barren Road, thereby placing her in the Elizabeth constituency.
Davis said yesterday that the voter should not be disenfranchised because of the failure of the Parliamentary Commissioner's Office to correct its internal records.
Davis noted that clerical errors made in the register also led to the disenfranchisement of voter C.
He said on voter B's form B (registration form), her voter's card and her passport have her date of birth listed as January 3, 1970, while her form D (counterfoil) and the entry in the register have January 13, 1970. He noted that Parliamentary Commissioner Errol Bethel accepted that there were clerical errors made on form D.
Davis said no further issue affects the voter, and as a result the register should be rectified accordingly.
In relation to voter E, Davis said she should not have been made to vote on a colored ballot. According to him the voter produced sufficient means to cast her ballot.
Voter E was challenged on the grounds that she did not live in the constituency. However, Davis pointed out that an examination of her voter's card and forms B and D reveals a discrepancy in her address.
Her B and D forms B show her address as South Sandilands Village Road, West Fox Hill Road, East Alligator Court. Her voter's card shows the same address, but East Alligator Road is recorded instead of 'Court'. However, neither East Alligator Road or Court were included on the register because of computer constraints, Davis said, which resulted in the voter having to cast her vote on a protest ballot.
Davis said the vote should be allowed because the presiding officer misdirected himself in permitting the voter to cast her vote on a colored ballot. He added that the voter should not be disenfranchised because of that misdirection.
In the case of voter D, Davis said her name should have never been removed from the register.
"The parliamentary commissioner's act was contrary to law," said Davis.
As reported in The Nassau Guardian last week, the address on voter D's counterfoil was originally marked as 152 Commonwealth Boulevard, South Malaysia Way. However, Parliamentary Commissioner Errol Bethel told the court that the Parliamentary Registration Department changed it to North Malaysia Way.
The parliamentary commissioner said that this was done after voter D had already sworn an oath that the original address was correct.
Bethel admitted that both the counterfoil and the oath were changed after he authorized the voter's name to be placed on the Yamacraw register.
He said he did not recall whether he notified the voter when the change was made.
Yesterday, Davis said that according to Section 25 of the Parliamentary Elections Act, the day after a writ of election (issued by an executive authority requiring that an election be held) is ordered no name or entry can be removed from any of the appropriate parts of the register until after the poll day.
He noted that Bethel acknowledged the voter's name was removed on January 30.
"The parliamentary commissioner's act was contrary to law," Davis said.
He added that the parliamentary commissioner should have allowed the name to remain on the register and flagged or challenged the vote on election day.
Finally, in the case of voter F - who moved to Elizabeth in 2006 but did notify the Parliamentary Registration Department of the address change - Davis said the act of applying for a transfer is discretionary and not one that any voter is obligated to do.
He said it is the duty of the Parliamentary Registration Department to ensure that people are registered in the correct constituency.
Voter F told the court earlier this week that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. She noted that her current voter's card places her in the Yamacraw constituency, but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. Yesterday Davis said because she is a resident of the constituency and has already voted, the vote should be counted.
Pinder, who is the petitioner, is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.
In addition to Davis, Pinder is represented by attorneys Valentine Grimes, Wayne Munroe and Keod Smith.
Sands is represented by attorneys Thomas Evans, QC, and Milton Evans.
Evans, QC will make his final submissions today. Attorney David Higgins of the Office of the Attorney General, who is representing Parliamentary Commissioner Bethel and Returning Officer Jack Thompson, is expected to close out the submissions portion when Evans is done.
After that, Senior Justices Anita Allen and Jon Isaacs are expected to deliberate on which if any of the five protest votes will be accepted.
March 18, 2010
thenassauguardian
Tuesday, March 16, 2010
Election Court Bahamas: Court hears that three protest voters did not live in Elizabeth
The names of three of the five people who voted on protest ballots in favor of Progressive Liberal Party candidate Ryan Pinder on February 16 are not on the Elizabeth register, according to evidence given by Parliamentary Commissioner Errol Bethel yesterday.
Bethel told the Election Court that voters A, D, and F — as they are referred to in court to protect their identities — were registered in neighboring constituencies.
Voters D and F are registered in Yamacraw, while voter A is registered in Fox Hill, according to Bethel, who took the stand for the second day yesterday.
Pinder wants the court to rule that the five protest votes cast in his favor are valid. If at least three of those votes are approved, he would be declared the winner of the election.
During cross-examination by attorney Milton Evans, who represents Free National Movement candidate Dr. Duane Sands, Bethel said the voters were placed on the various registers because of the information provided by them about their addresses.
He said it was not a mistake that they were registered in those constituencies. Rather, Bethel said it was a conscious decision.
He added that before the 2007 boundary change, voter A was in the Elizabeth constituency. However, Bethel said when the boundaries were cut during the run-up to the general election, the voter was transferred to the Fox Hill constituency.
He estimated that the boundary change affected tens of thousands of people.
The parliamentary commissioner also said he would not be surprised if there were other voters holding voter's cards for the wrong constituency.
Senior Justices Anita Allen and Jon Isaacs, who are presiding over the case, asked whether the parliamentary commissioner attempted to clean up the register since the last general election.
Allen noted that more than two years have passed since the general election and wondered whether the parliamentary commissioner would have an obligation to fix the register.
However, Bethel said changes are only made when voters initiate the process. He said when voters move, it is their obligation to notify the Parliamentary Registration Department.
After Bethel left the stand, voters E, C, and F testified briefly.
When questioned by Pinder's lead counsel Philip Brave Davis, voters E and C told the court that the affidavits that they signed were true and correct.
Voter F told the court that she cast her vote for the PLP candidate in the 2007 general election at the Thelma Gibson Primary School. However, she could not recall which constituency she voted in.
She noted that her current voter's card places her in the Yamacraw constituency but she said she moved from Yamacraw Shores in 2006 to Pine Barren Road. She admitted, however, that she never notified the Parliamentary Registration Department about the move and therefore was never transferred to another constituency.
The voter, who did not have her voter's card yesterday, is expected to return today to continue her testimony.
Voter A's husband also testified yesterday.
He told the court that he and his wife have lived on South Barren Road in the Elizabeth constituency since 2006.
He said when his wife received her voter's card in April 2007, she noticed that she was registered in the Fox Hill constituency. The man said when she realized that, she went to the Parliamentary Registration Department to have it changed to Elizabeth. Voter A's husband said his wife eventually got the card corrected and subsequently voted in Elizabeth during the 2007 general election.
Under cross-examination, voter A's husband said he and his wife often visit his mother's house, which is in the Yamacraw constituency. He said sometimes they stay there for as long as a month. He said his mother is a cancer patient and they go there to help her out. He denied that he rents an apartment in the Yamacraw constituency.
Voter's A adopted father also offered similar testimony. He said voter A lives with him and about 45 other people in the Elizabeth constituency. He explained that they run a charity that assists the homeless.
He said both he and voter A met Pinder and Sands while they were campaigning in the days before the by-election.
Returning Officer Jack Thompson also took the stand briefly yesterday.
He confirmed that there were six protest votes — five for Pinder and one for Bahamas Democratic Movement candidate Cassius Stuart.
The Elizabeth by-election ended with Sands receiving 1,501 regular votes and Pinder receiving 1,499 regular votes.
Pinder is exercising his right under Section 69 (1) of the Parliamentary Elections Act, which allows a candidate to petition the court to consider the protest votes cast if the margin of victory of his opponent (in this case Sands) is less than the number of his (Pinder's) protest votes.
Tuesday March 16, 2010
thenassauguardian
Friday, January 8, 2010
Progressive Liberal Party (PLP) MPs react to Malcolm Adderley's resignation
Several prominent Progressive Liberal Party (PLP) MPs have expressed disappointment at the decision by Malcolm Adderley to resign his Elizabeth constituency seat.
"Well, it is always disappointing when you would lose a colleague in any circumstances really," said PLP MP for Yamacraw Melanie Griffin. Her constituency borders Elizabeth.
She expressed further disappointment that "fences could not be mended" between the party and Adderley for the betterment of the people of Elizabeth.
"But Elizabeth knows that Yamacraw has always been there for them. We have done our best to support them and we'll always be there," she said.
PLP Deputy Leader Philip Brave Davis said Adderley had regularly told them that he was a PLP. "And we always thought he would remain a PLP," added Davis, who is also the Cat Island, Rum Cay and San Salvador MP.
Davis said that if Adderley considered himself a PLP he could have remained with the organization despite having differences with its leadership.
"Well, you never want to lose a member... but you respect the decision that's made by our colleague. Malcolm and I were pretty close – we got along very well," said West End and Bimini MP Obie Wilchcombe.
"In fact when I was minister of Tourism I appointed him the chairman of the Gaming Board. So we had a wonderful relationship."
Wilchcombe, who is also leader of opposition business, added that despite the loss of a member, the PLP moves on.
"The party obviously will reminisce on his contribution, but we are moving toward what we have to do in the future and we're not going to be distracted by any departure," he said.
"The Progressive Liberal Party has a lot of work to do. The party has to now look at its message in the years moving forward. We have to look at our messengers – all – all who represent the constituencies and we have to determine how we're going to proceed."
It is expected that the Elizabeth by-election will be held in February.
It is still unclear if the PLP will contest the by-election. The party has said it lacks funds and that the process surrounding Adderley's resignation is problematic.
The opposition has accused the government and prime minister of offering Adderley a post as a Supreme Court justice, threatening the separation between the branches of government.
January 8, 2010
thenassauguardian
Friday, February 20, 2004
Edison Key Says That He Would Not Rescind His Letter of Resignation from The Progressive Liberal Party (PLP)
There is no way in the world that I can go back on my decision of my resignation from the Progressive Liberal Party - PLP; and therefore it is final, says Edison Key
Edison Key: "It is finished."
Key Shakes Up PLP
By Candia Dames
Nassau, The Bahamas
20/02/2004
Former Progressive Liberal Party Senator Edison Key revealed to the Bahama Journal last night that two government ministers asked him to rescind his letter of resignation, but he said there is no way on earth that will ever happen.
Mr. Key also said that he hopes that his resignation sent a strong message to the party that it needed to get its act together.
"I hope it will be a wake up call for the leadership in the party," he said. "And I hope that it will only cause the support out there to grow stronger and [create] unity within the rank and file of the party."
He said he met with Works and Utilities Minister Bradley Roberts, Foreign Affairs Minister Fred Mitchell and the Member of Parliament for Cat Island, Rum Cay and San Salvador Philip "Brave" Davis, Wednesday night who asked him to think twice about the decision he had made.
Mr. Key said these men are people whom he respects highly, but he said after a "frank talk we came to the final conclusion that my decision is final."
"Progressive Liberal Party and, therefore, we agreed that I need to submit an official resignation to the president of the Senate, which I will do very shortly and it will be official," he said. "In the meantime, I guess you could call me Senator."
Mr. Key spoke to the Journal about a meeting he had with Prime Minister Perry Christie in Nassau Thursday morning at which time he said he personally delivered a copy of his letter of resignation, which he was considering making public to the media. He said he presented the letter in front of three Cabinet Ministers.
Mr. Key added he was "a little bit angry" that the prime minister did not get the original letter more than a month ago.
Mr. Key also said his letter outlined the manner in which he was treated since becoming a Senator under the re-incarnated PLP government.
He said he made it clear to Mr. Christie that he respected the office of Prime Minister, even though he criticized the country's leader earlier this week for lack of direction and poor leadership.
"The office of Prime Minister to me is an office that I respect next to the office of God," Mr. Key said. "I am a Bahamian citizen. I have nowhere to go and if we can't respect the person who holds the office, that's one thing, but the office of Prime Minister should be there to protect every single Bahamian for justice and right.
"I hope that prime ministers now and in the future will recognize the important role that they have to play as the leader of our country."
He said his meeting with the prime minister went "very well."
But he said, "I told him how I had tremendous hopes during the campaign and up until a few months after the election. I told him how disappointed and hurt I am about the way I have been treated. I told him this thing goes deep to my soul and there is no way in the world that I can go back on my decision of my resignation and therefore it is final.
"It is finished."
Mr. Key said he and the prime minister "parted on a very good note."
When asked if he thought his resignation hurt the party, he said, "I certainly hope not."
"I never had any intension to hurt the party. That is not my intension. I hope that it will only make them stronger and bring the people together in one accord and not divide it like it is today because it looks like we are becoming further and further apart."
Mr. Key added, "The decision I made was for Edison Key. Other people will decide what they want to do."
"I've given 30-something years to this party and I'm still very much alive," he said.
Mr. Key added that he did not feel that he needed to attend a PLP council meeting held Thursday night because he didn't think Members of Parliament and party officers would speak freely if he were present.